Crl.O.P.(MD).No.10609 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.10609 of 2026 and Crl.M.P(MD) Nos.10658 and 10659 of 2026 A.Dominic Dhas ... Petitioner/Sole Accused Vs. The State of Tamil Nadu Represented by The Inspector of Police, Suchindram Police Station, Kanyakumari District. (Crime No.433 of 2024) ... Respondent/ Complainant PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to C.C.No. 380 of 2024 on the file of the learned Judicial Magistrate No.III, Nagercoil and quash and pass such further or other orders as this Court may deem fit. For Petitioner : Mr.V.Sukumar For Respondent : Mr.J.Vishnu Government Advocate (Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.10609 of 2026 ORDER The present petition has been filed by the sole accused in C.C.No.380 of 2024, on the file of the learned Judicial Magistrate No.III, Nagercoil, seeking to quash the charge sheet, wherin, the petitioner is charged with the offence under Section 4(1) (C) of Tamil Nadu Prohibition (Amendment) Act, 2024. 2. A perusal of the charge sheet reveals that at about 7.30 p.m on 17.08.2024, the petitioner in a drunken mood is said to have caused nuisance to the general public and the transport. 3. The charge sheet clearly reveals that the offence under the said provision would not get attracted. Only the offence of public nuisance under Section 292 of BNS gets attracted. The maximum punishment for an offence under Section 292 of BNS is an imposition of fine of Rs.1000/-. 4. The filing of the charge sheet is clearly misconceived and the petitioner has not committed any offence under the Tamil Nadu Prohibition 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.10609 of 2026 Act. Even assuing that the petitioner has committed the offence of public nuisance, since charge sheet should have been filed within six months, the Court cannot take any cognizance. 5. In view of the above said facts, the continuation of criminal proceedings as against the petitioner would only be an abuse of process of law. Therefore, charge sheet, which was taken on file in C.C.No.380 of 2024 on the file of the learned Judicial Magistrate No.III, Nagercoil, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently connected Miscellaneous Petitions are closed. 10.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Suchindram Police Station, Kanyakumari District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.10609 of 2026 3. The Judicial Magistrate No.III, Nagercoil. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.10609 of 2026 10.06.2026 4/4 https://www.mhc.tn.gov.in/judis