The court established that for theft allegations to stand, essential ingredients such as dishonest intention and unauthorized removal from possession must be proven, which was lacking in this case.

ORDER :

L.VICTORIA GOWRI, J.

Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), praying to call for the records pertaining to the FIR in Crime No.823 of 2025 dated 05.12.2025 on the file of the respondent police and to quash the same in so far as the petitioner / Accused No.2 is concerned, and to pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Preface:

2. The inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is intended to prevent abuse of the process of law and to secure the ends of justice. While the power to quash criminal proceedings is to be exercised sparingly, it is equally well settled that when the allegations in the First Information Report, even if taken at their face value, do not disclose the essential ingredients of the alleged offence, this Court would be justified in intervening at the threshold.

3. The present Criminal Original Petition raises a recurring and significant issue concerning the mechanical invocation of the offence of theft under Section 303 of the Bharatiya Nyaya Sanhita, 2023, in cases involving licensed quarry operators or stockyard licence holders, solely on the basis of alleged violations of mining or transport conditions, without satisfying the foundational ingredients of the offence of theft.

Facts of the case:

4. The petitioner is arrayed as Accused No.2 in Crime No.823 of 2025 registered on 05.12.2025 by the respondent police for the alleged offence under Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023. The case of the prosecution, as emerging from the FIR, is that on 05.12.2025, while the Special Sub-Inspector of Police and the police party of Tirunelveli Taluk Police Station were on patrol duty, they received secret information that M-Sand was being transported illegally in a tipper lorry.

5. Acting on such information, the police intercepted a tipper lorry bearing Registration No. TN 72 AS 2705 near Manappadai Veedu Bus Stop and allegedly found about two units of M-Sand being transported without any valid permit or transit pass. The driver of the vehicle, Accused No.1, namely Savari Ramesh, was apprehended.

6. It is stated in the FIR that Accused No.1 claimed ownership of the vehicle and allegedly stated that he was transporting M-Sand without permit for additional profit. The FIR further records that Accused No.1 allegedly disclosed that the M-Sand in question was loaded from a crusher unit said to be run by the petitioner at Thalaiyuthu under the name “Welcome Blue Metals”.

7. Based solely on the said disclosure statement of Accused No.1, the petitioner was arrayed as Accused No.2, and the FIR came to be registered alleging that Accused Nos.1 and 2 had jointly engaged in unauthorised extraction, possession, and transportation of M-Sand, thereby committing an offence under Section 303 (2) of the Bharatiya Nyaya Sanhita, 2023.

Grounds for quash:

8. The petitioner contends that he is a lawful licence holder under the Tamil Nadu Prevention of Illegal Mining, Transportation and Storage of Minerals and Mineral Dealers Rules, 2011.

9. It is submitted that the petitioner originally held a valid Form-D licence from 2018 to 2023 for storing and processing rough stone, jelly, and M-Sand in S.F. No.82/2 of Thalaiyuthu Village, and that the licence was subsequently renewed and transferred in favour of his son, N. Sadham