BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P.(MD)No.3178 of 2026 and Crl.M.P(MD)Nos.3446 & 3447 of 2026 S.Pandiyarajan ...Petitioner/Accused No.2 Vs 1. State of Tamilnadu, Rep by Inspector of Police, Cantonment Police Station, Trichy. Crime No.308 of 2025. ...1st Respondent/Complainant 2.Venugopal ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for records in C.C.No.No.1940 of 2025 pending on the file of Judicial Magistrate No.II, Trichy, and quash the same against the petitioner alone. For Petitioner : M/s.S.Kumar For Respondents : M/s.P.Samuel Gunasingh Counsel for State of TN(crl.side) for R1 No appearance for R2 1/5 https://www.mhc.tn.gov.in/judis ORDER The second respondent herein was served through Court on 10.03.2026, there is no representation either in-person or through Counsel. 2. The present petition has been filed by A2 in C.C.No.1940 of 2025, on the file of the learned Judicial Magistrate No.II, Tiruchirapalli, seeking to quash the charge sheet wherein he is charged with the offences under Sections 304(2) and 317(2) of BNS, 2023. 3. As per the charge sheet, A1 was involved in chain snatching and as per his confession, he is said to have sold the stolen jewels to a company by name Best Mani Gold Private Limited, wherein the present petitioner/A2 is an employee. 4. A perusal of the charge sheet clearly reveals that there is no allegation, whatsoever, as against the present petitioner that he had knowledge that the jewels are stolen. When the main ingredients of dishonesty on the part of A2 is not found, Section 317(2) of BNS, does not get attracted. The petitioner is an employee of a company, which is involved in the business of providing cash to the gold jewels that are sold to them. The company is not made as a party. There 2/5 https://www.mhc.tn.gov.in/judis is no allegation, whatsoever, that the petitioner had any knowledge about the jewels that they are stolen property. 5. In such view of the matter, continuation of the criminal proceedings as against the petitioner would only be an abuse of process of law. Hence, C.C.No.1940 of 2025, on the file of the learned Judicial Magistrate No.II, Tiruchirappalli, stands quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are also closed. 07.07.2026 3/3 NCC : Yes/No Index : Yes/No Internet: Yes/No MSA 3/5 https://www.mhc.tn.gov.in/judis To 1. The learned Judicial Magistrate No.II, Tiruchirappalli. 2. The Inspector of Police, Cantonment Police Station, Trichy. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR , J. MSA Crl.O.P.(MD)No.3178 of 2026 07.07.2026 3/3 5/5 https://www.mhc.tn.gov.in/judis