CRL OP No. 21736 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 21736 of 2026 and CRL MP No.14415 & 14417 of 2026 Koothaperumal S/o.Karuppaiya, No.197-Kodikulam, Arakottai, Sirukanur, Devakottai Taluk, Sivaganga District – 622204. ..Petitioner(s) Vs 1. The State Represented by The Inspector of Police Nallur, Police Station, Namakkal District. 2. Gangatharan The Sub-Inspector of Police, Nallur Police Station, Namakkal District. ..Respondent(s) Prayer: This Criminal Original Petition filed under Section 528 of BNSS., to call for the records of the case in STC.No.164 of 2026 in Crime No.55 of 2026 pending on the file of Judicial Magistrate, Paramathy and quash the same. For Petitioner(s): Mr.L.P.Shanmuga Sundaram for Mr.K.Rajendran For Respondent(s): Mr.M.Mohamed Riyaz, Govt. Advocate (Crl. Side) for R1 https://www.mhc.tn.gov.in/judis CRL OP No. 21736 of 2026 __________ Page2 of 4 ORDER The prayer in the Criminal Original Petition is to quash the proceedings in STC No.164 of 2026 in Crime Number 55 of 2026. 2. Upon considering the allegations made in the case, it can be seen that the petitioner was found to be in possession of a steel whistle with the party symbol with an intention to bribe the voters. Accordingly, a case was registered under Section 173 of BNS, 2023. After investigation, the final report is now filed. 3. The learned counsel for the petitioner would submit that the very genesis of the case is erroneous inasmuch as the offence under Section 173 of BNS, 2023 is a non-cognizable offence. No permission of the competent Court was obtained and the entire investigation was done and the final report was also filed. 4. The learned Government Advocate (Criminal Side) appearing for the 1st respondent is not in a position to deny the same. https://www.mhc.tn.gov.in/judis CRL OP No. 21736 of 2026 __________ Page3 of 4 5. In view thereof, since the legal question raised goes into the root of the matter, the Criminal Original Petition stands allowed. The proceedings in STC No.164 of 2026 on the file of the Judicial Magistrate, Paramathy, shall stand quashed. Consequently, the connected Criminal Miscellaneous Petitions are closed. 06-08-2026 Neutral Citation: Yes/No smv To 1.The Judicial Magistrate, Paramathy. 2.The Public Prosecutor, High Court of Madras. 3.The Inspector of Police Nallur, Police Station, Namakkal District. 4. Gangatharan The Sub-Inspector of Police, Nallur Police Station, Namakkal District. https://www.mhc.tn.gov.in/judis CRL OP No. 21736 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. smv CRL OP No. 21736 of 2026 06-08-2026 https://www.mhc.tn.gov.in/judis