CRL OP No. 21948 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.21948 of 2026 Palanisamy ..Petitioner(s) Vs 1. The State rep by Inspector of Police Kolathur Police Station, Salem District. Crime No.154 of 2026. 2. Ganesh ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the case in Crime No.154 of 2026 on the file of the 1st respondent and quash the same. For Petitioner(s): Mr.C.Deepak Kumar For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side) for R1 ORDER This Criminal Original Petition has been filed to quash the FIR in Crime No.154 of 2026. https://www.mhc.tn.gov.in/judis CRL OP No. 21948 of 2026 __________ Page2 of 4 2. Upon intercepting the vehicle with illegally carried materials, the case has been registered. 3. The contentions of the learned counsel for the petitioner is that they had taken the mineral only from the Patta land, which will be revealed during the course of the investigation. Since, it is alleged that the petitioner is the driver of the vehicle, he has been added as an accused. The question is whether any offence under Section 303(2) of BNS 2 is made out will be determined during the course of the investigation. With reference to the offence under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, a separate private complaint can also be filed, if the offence is made out during the course of the investigation. Liberty is granted to the petitioner to agitate all the grounds at the appropriate stage. The prayer to quash the FIR cannot be considered for the present. 4. This Criminal Original Petition stands disposed of. 07-08-2026 Neutral Citation: Yes/No jas https://www.mhc.tn.gov.in/judis CRL OP No. 21948 of 2026 __________ Page3 of 4 To 1.The Inspector of Police, Kolathur Police Station, Salem District. 2.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 21948 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. jas Crl.O.P.No.21948 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis