Crl.O.P.(MD).No.3394 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.3394 of 2025 and Crl.M.P(MD) No.2338 of 2025 Subaharan ... Petitioner/ Accused No.3 Vs. 1.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District. Crime No.373 of 2024 ... 1st Respondent/ Complainant 2. Tamilselvan ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the Crime No.373 of 2024 on the file of the first respondent and quash the same as illegal with regard to this petitioner. For Petitioner : Mr.V.Balaji For R1 : Mr.P.Samuel Gunasingh Counsel for State of TN (Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.3394 of 2025 ORDER The present Criminal Original Petition has been filed by A3 in Crime No.373 of 2024, on the file of the first respondent seeking to quash the FIR wherein the petitioner is alleged to have committed offence under Sections 303 (2) of BNS, 2023, r/w Section 21 (1) of Mines and Minerals (Development & Regulations) Act, 1957. 2. A perusal of the FIR reveals that the petitioner and the other accused persons are said to have committed theft of ½ unit of rough sand the value of the rough sand has not been mentioned. 3. According to the learned counsel appearing for the petitioner, half unit of rough sand would not even exceed Rs.1000/- and in such circumstances, the authorities cannot invoke Section 303(2) of BNS. 4. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.3394 of 2025 5. A perusal of the FIR clearly reveals that only ½ Unit of rough sand is said to have been transported illegaly. The value has not been mentioned. In such circumstances, when the value has not exceeded Rs.5000/- and it is only half unit of rough sand, this Court is of the opinion that continuing the criminal proceedings as against the petitioner would only be an abuse of process of law. 6. In view of the above said fact, the FIR in Crime No.373 of 2024, on the file of the first respondent is quashed as against the petitioner herein. Accordingly, this Criminal Original Petition stands allowed. Consequently connected Miscellaneous Petition is closed. 08.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.3394 of 2025 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.3394 of 2025 08.06.2026 4/4 https://www.mhc.tn.gov.in/judis