BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and Crl.M.P.(MD).Nos.5794 and 5795 of 2026

1.Jebakumar Stephen

2.Thangadurai ...Petitioners/A3 and A4 Vs

1.The State of Tamilnadu Rep. By, The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

2.S.Anand ...Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to the Charge sheet/Final Report in P.R.C.No. 206/2025 pending on the file of the learned Judicial Magistrate No.1, Srivaikundam and quash the same as against the petitioner.

For Petitioners : Mr.J.Gavin Silvester For Respondent : Mr.R.Meenakshi Sundaram (For R1)

Additional Public Prosecutor

ORDER

The present petition has been filed by A3 and A4 seeking to quash the Charge sheet/Final Report in P.R.C.No.206/2025 pending on the file of the learned Judicial Magistrate No.1, Srivaikundam as against the petitioners, wherein the petitioners have been charged for the offences under Sections

303(2) of BNS r/w Section 21(1) of MMDR Act.

2.A perusal of the charge sheet reveals that the petitioners herein are the administrators of the CSI Church and that for the construction of the church, they had purchased sand from A1 and A2. The allegation as against the petitioners/A3 and A4 is that, on their instigation, A1 and A2 committed theft of river sand.

3.The learned counsel appearing for the petitioners submitted that they have no connection whatsoever with the said offence and that they had purchased the sand from A1 and A2 without any knowledge about the source and believing that it had been sourced through Government channels. He further submitted that the same was not used for any commercial purposes.

4.Per contra, the learned Additional Public Prosecutor appearing for the respondent Police submitted that only at the instigation of the petitioners, A1 and A2 committed theft of river sand. Hence, he seeks to dismissal of this petition.

5.Heard both sides and perused the materials available on records.

6.A1 and A2 have no connection with the Church or administration of the church and they had supplied river sand to A3 and A4 for the purpose of construction of the Church. The administrators of the Church, namely the petitioners/A3 and A4, had purchased the sand without having any knowledge that it had been sourced from illegal mining. There are no other allegations in the charge sheet to the effect that the petitioners had any knowledge of the source of the river sand.

7.Considering the above said facts, no useful purpose would be served in keeping the trial pending as against the petitioners. Hence, the charge sheet is liable to be quashed.

8.Accordingly, this Criminal Original Petition stands allowed and the proceedings in in P.R.C.No.206/2025 pending on the file of the learned Judicial Magistrate No.1, Srivaikundam, is hereby quashed insofar as the petitioners are concerned. Consequently, the connected Criminal Miscellaneous Petitions are closed.

16.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No vsg To

1.The learned Judicial Magistrate No.1, Srivaikundam.

2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR , J .

vsg

16.03.2026