Madras High Court
Palpandi vs The State Represented By on 22 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.(MD).No.18632 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2025
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.18632 of 2022
and
Crl.M.P.(MD). No.12560 of 2022
Palpandi ... Petitioner / Sole Accused
Vs.
The State represented by, its,
The Sub-Inspector of Police,
Vickiramangalam Police Station,
Madurai District.
(Crime No.192 of 2013) ... Respondent / Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records of the case in STC
No.366 of 2022 on the file of the learned Judicial Magistrate No.II,
Usilampatti and quash the same as illegal.
For Petitioner : Mr.J.Selvam
For Respondent : Mr.S.Ravi,
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18632 of 2022
ORDER
This petition has been filed to quash the proceedings pending in
STC No.366 of 2022 on the file of the learned Judicial Magistrate No.II,
Usilampatti.
2. The case of the prosecution is that based on the secret
information, the police team was formed and the petitioner was found in
possession of 250 grams of ganja.
3. The investigation was conducted and police report was filed
which was taken on file by the learned Judicial Magistrate No.II,
Usilampatti in STC.No.366 of 2022. The same has been put to challenge
by the petitioner on two grounds. The first ground is that the Court below
has taken rubber stamp cognizance without any application of mind. The
second ground is that even without an FSL report, the police report has
been filed and it has been taken cognizance by the Court below.
4. The learned Additional Public Prosecutor clarified that the FSL
report was very much available and by mistake, it was mentioned in the
police report as if it is not available.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18632 of 2022
5. Heard the learned counsel on either side and perused the
materials placed on record.
6. In the considered view of this Court, it is not necessary for this
Court to go into the above issue since this Court finds that the Court
below has taken rubber stamp cognizance. For proper appreciation, the
same is scanned and extracted hereunder:-
7. This Court by relying upon the judgment of the Apex Court has
repeatedly held that the process of taking cognizance is a judicial process
which requires application of mind. A rubber stamp cognizance is no
cognizance in the eye of law since what is being done is to put the seal in
the complaint and fill-up the gaps. Such rubber stamp cognizance has
been frowned upon by this Court. Useful reference can be made to the
judgment of this Court in Shanmugam and others v. Inspector of
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18632 of 2022
Police, Ariyalur Police Station, Ariyalur and others, reported in (2019)
3 MLJ (Crl.) 339. The Apex Court also dealt with this issue in
S.K.Sinha, Chief Enforcement Officer v. Videocon International Ltd &
Ors., reported in (2008) 1 SCC (Crl.) 471.
8. In view of the above, the rubber stamp cognizance taken by the
Court below is hereby set aside. The matter is remitted back to the file of
the learned Judicial Magistrate No.II, Usilampatti and the learned
Judicial Magistrate shall apply his mind on the allegations made in the
complaint and the materials relied upon and pass appropriate orders
which must reflect the application of mind. This process shall be
complied within a period of four weeks from the date of receipt of a copy
of this order.
9. In the result, this Criminal Original Petition is disposed of in the
above terms. Consequently, connected miscellaneous petition is closed.
22.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
pal
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18632 of 2022
To
1.The Judicial Magistrate No.II,
Usilampatti.
2. The Sub-Inspector of Police,
Vickiramangalam Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.18632 of 2022
N.ANAND VENKATESH,J.
pal
Order made in
Crl.O.P.(MD).No.18632 of 2022
22.01.2025
https://www.mhc.tn.gov.in/judis
