Murugan vs The State Of Tamil Nadu
2023 Latest Caselaw 13245 Mad

                                                                            Crl.O.P.No.21662 of 2023



                                          In the High Court of Judicature at Madras

                                                     Dated : 27.9.2023

                                                            Coram :

                                      The Honourable Mr.Justice N.ANAND VENKATESH

                                         Criminal Original Petition No.21662 of 2023
                                            & Crl.M.P.Nos.14973 & 14974 of 2023


                     Murugan                                                    ...Petitioner
                                                              Vs
                     1.The State of Tamil Nadu,
                       rep.by the Inspector of
                       Police, J-5 Sasthri Nagar
                       Police Station, Besant Nagar,
                       Chennai.

                     2.D.Selvamani                                              ...Respondents


                                  PETITION under Section 482 of the Criminal Procedure Code

                     praying to call for the records and quash the impugned charge sheet

                     in S.C.No.325 of 2023 on the file of the 6th Additional Judge,

                     Chennai.


                                  For Petitioner        :      Mr.R.Harikrishnan
                                  For Respondent-1      :      Mr.A.Gopinath, GA (Crl.Side)


                                                            ORDER

This is a petition filed by the petitioner seeking to quash the

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21662 of 2023

proceedings in S.C.No.325 of 2023 on the file of the 6th Additional

Judge, City Civil Court, Chennai.

2. The case of the prosecution is as follows :

(i) On 10.1.2023 at about 11 AM, an information was received

by the Sub-Inspector of Police of Sasthri Nagar Police Station and

based on the same, a team of police officers went to the

Damodharapuram Second Street and conducted an enquiry. On

seeing the police, accused Nos.1 and 2 attempted to escape from the

place. They were interrogated and a search was made and as a

result, a quantity of 430 Kgs. of gutka was seized. Thereafter, the

sample drawn was sent for chemical analysis. A first information

report came to be registered on 10.1.2023 as against two named

accused persons for offences under Section 328 of the Indian Penal

Code and under Section 20(2) of the Cigarette and Other Tobacco

Products (Prohibition of Advertisement and Regulation of Trade and

Commerce, Production, Supply and Distribution) Act, 2003.

(ii) During the course of investigation, two more accused

persons were added based on the confession statements. On

completion of the investigation, a final report was filed before the 9th

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21662 of 2023

Metropolitan Magistrate, Saidapet, Chennai-15 as against four

accused persons. The petitioner herein has been arrayed as the fourth

accused in the final report.

3. This Court has heard the learned counsel for the petitioner

and the learned Government Advocate (Crl.Side) appearing for the

first respondent.

4. The main ground that was urged by the learned counsel for

the petitioner is that the 9th Metropolitan Magistrate, Saidapet,

Chennai-15 had taken a rubber stamp cognizance of the final report

and hence, the same requires interference by this Court.

5. The 9th Metropolitan Magistrate, Saidapet, Chennai-15 had

taken cognizance of the final report in the following manner :

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21662 of 2023

6. This Court, by relying upon the judgments of the Apex Court,

has been repeatedly holding that rubber stamp cognizance cannot be

taken and that the process of taking cognizance is a judicial act,

which requires application of mind. Useful reference can be made to

the common order rendered by me in the case of Shanmugam &

Others Vs. Inspector of Police, Ariyalur Police Station, Ariyalur

[reported in 2019 (2) L.W. (Crl.) 263]. In view of the above, the

rubber stamp cognizance taken by the learned 9th Metropolitan

Magistrate, Saidapet, Chennai-15 is liable to be interfered with.

7. Accordingly, the cognizance order dated 10.5.2023 passed by

the learned 9th Metropolitan Magistrate, Saidapet, Chennai-15 is

hereby set aside. The matter is remanded back to the file of the

learned 9th Metropolitan Magistrate, Saidapet, Chennai-15. The

learned Magistrate shall apply his mind and pass appropriate orders

while taking cognizance of the final report. This process shall be

completed within a period of four weeks from the date of receipt of a

copy of this order. Thereafter, the case shall be committed to the file

of the 6th Additional Judge, City Civil Court, Chennai within a period

of four weeks thereafter.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21662 of 2023

8. The above criminal original petition is disposed of in the

above terms. Consequently, the connected Crl.M.Ps. are closed.

27.9.2023 To

1.The 6th Additional Judge, City Civil Court, Chennai.

2.The 9th Metropolitan Magistrate Court, Saidapet, Chennai.

3.The Inspector of Police, J-5 Sasthri Nagar Police Station, Besant Nagar, Chennai.

4.The Public Prosecutor, High Court, Madras.

RS

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21662 of 2023

N.ANAND VENKATESH,J

RS

Crl.O.P.No.21662 of 2023 & Crl.M.P.Nos.14973 & 14974 of 2023

27.9.2023

https://www.mhc.tn.gov.in/judis