Crl.OP.(MD)No.18874 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.18874 of 2023 and CRL MP(MD)No.14939 of 2023 K.Muthusaravanan ... Petitioner Vs. 1.State through, The Inspector of Police, Kadamalaikundu Police Station, Theni District. (Crime No.28 of 2023) 2.Anitha ... Respondents For Petitioners : Mr.K.R.Laxman For Respondents : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) for R1 PRAYER :- Criminal Original Petition is filed under Sec.482 of Cr.P.C. to call for the records pertaining to the impugned First charge sheet filed by the 1st respondent under C.C.No.28 of 2023, on the file of the Judicial Magistrate, Andipatti, dated 29.12.2022 and to quash the same. 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.18874 of 2023 ORDER The Criminal Original Petition has been filed to quash the C.C.No. 55 of 2023 on the file of the Judicial Magistrate, Andipatti dated 29.12.2022 for the offence under section 380 and was altered under section 454 and 380 of Indian Penal Code. 2. The contention of the petitioner is that the petitioner is working as a Manager in Kadamalaikundu Branch of Muthoot Finance Limited. The 1st accused stolen the jewels from the defacto compliment and pledged some of the jewels in the Muthoot Finance Limited. The petitioner being the Manager of the Muthoot Finance Limited had been arrayed as 2nd accused. The petitioner is implicated based on the confession of the 1st accused. On the bare reading of the charge sheet, there is no specific overt act against the petitioner. Based on the confession of the 1st accused, the petitioner was implicated as 2nd accused. The Courts have held based on the confession statement alone, no person can be convicted. 3. The Learned Prosecutor submitted that the petitioner had received the stolen goods. But the Learned Counsel appearing for the accused 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.18874 of 2023 submitted that the petitioner merely played the role of branch manager on his official capacity by which he had received the jewels which is also in the safe custody of the branch. As far as the Non-Banking Financial Companies are concerned, it has been registered with the reserve Bank of India, wherein “Fair Practice Code” has been adopted as stipulated by RBI by which receiving of jewels would never be construed as receiving of stolen jewels, unless otherwise there is an intention on the part of the branch manager by knowing that the said jewels or stolen jewels. The petitioner being the Branch Manager had received the jewels with all good faith and bona fide and can never be construed as accused. 4. After hearing the rival submissions this Court is of the considered opinion it is settled law based only on the confession statement no person can be convicted. Further the petitioner is working as Branch Manager of the finance company. The petitioner had received the jewels in his official capacity. Further the jewel is under the safe custody of the finance company. In such circumstances, the petitioner cannot be construed as accused at all. Therefore, this Court is inclined to quash the C.C.No.28 of 2023, on the file of the Judicial Magistrate, Andipatti, dated 29.12.2022 and accordingly quashed. The criminal original petition is allowed. Consequently, connected 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.18874 of 2023 miscellaneous petition is closed. 18.09.2025 TMG TO 1.Judicial Magistrate, Andipatti. 2.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.(MD)No.18874 of 2023 S.SRIMATHY,J TMG ORDER IN CRL OP(MD) No.18874 of 2023 Date : 18.09.2025 5/5 https://www.mhc.tn.gov.in/judis