V.Suresh vs State By Inspector Of Police
2025 Latest Caselaw 7860 Mad

Citation : 2025 Latest Caselaw 7860 Mad
Judgement Date : 15 October, 2025

Madras High Court

V.Suresh vs State By Inspector Of Police on 15 October, 2025

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                          Crl.O.P.No.23449 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 15.10.2025

                                                              CORAM :

                            THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                               Crl.O.P.No.23449 of 2025
                                                         and
                                          Crl.M.P.Nos.15992 & 15993 of 2025

                   V.Suresh                                                                       ... Petitioner
                                                                 Vs.

                   1.State by Inspector of Police,
                     Gudalur Police Station,
                     Nilgiris District.

                   2.Jayalakshmi                                                              ... Respondents



                   Prayer : Criminal Original Petition filed under Section 528 of Bharatiya

                   Nagarik Suraksha Sanhita to call for the records in S.T.C.No.173 of 2025

                   on the file of the learned Judicial Magistrate, Gudalur and quash the same.


                                    For Petitioner        :        Mr.A.Saravanan

                                    For R1                :        Mr.K.M.D.Muhilan,
                                                                   Additional Public Prosecutor




                   Page 1 of 6



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                                                                                         Crl.O.P.No.23449 of 2025



                                                          ORDER

This Criminal Original Petition has been filed to quash the final

report in S.T.C.No.173 of 2025 on the file of the learned Judicial

Magistrate, Gudalur, filed against the petitioner for the offence under

Section 171(E) IPC.

2.The only allegation as against the petitioner in the final report is

that the petitioner, in violation of the Election Code of Conduct, on

04.04.2024, brought 92 Nos. of banners and 105 Nos. of baniyans in a

vehicle bearing Reg.No.N-88-B-7003 Bolero Pickup BS V1, and thereby

committed an offence of bribery, punishable under Section 171(E) IPC.

3.Learned counsel for the petitioner would mainly submit that the

sanction under Section 155(2) Cr.P.C. has not been obtained from the

Magistrate to investigate the non-cognizable offence under Section 171(E)

IPC.

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4.Section 171(E) IPC is a non-cognizable offence. In such case,

there is a clear bar under Section 155(2) Cr.P.C., whereby, a Police officer

shall not investigate a non-cognizable offence without the order of a

Magistrate having power to try such case. Even in a recent judgment in

B.N.John v. State of Uttar Pradesh [Special Leave Petition (Crl.) No.2184

of 2024, dated 02.01.2025], the Hon'ble Supreme Court has observed as

follows :

“9. … On the other hand, when it relates to non-serious offences which are generally categorized as non-cognizable offences, the law is more circumspect in letting the full force of the criminal justice system operate. When it is related to non- cognizable offence there are certain safeguards put in place so that the invasive, intrusive, and coercive power of the police is not immediately brought into operation, as enabled under Section 156 of the CrPC. In such a situation any complaint alleging commission of non-serious offence(s) or non- cognizable offence(s) made before the police, has to be vetted by a legally trained person in the presence of a Judicial Magistrate before the police can initiate the investigation. Thus, even if the police receives any such complaint relating to non-cognizable offence, the police cannot start investigation without there being a green signal from the Magistrate. Further, when such noncognizable offence(s)

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pertaining to officials who are obstructed from discharging their official duties, there is the additional safeguard before the Magistrate which permits the investigating authority to investigate.” (emphasis supplied)

5.Learned Additional Public Prosecutor fairly submitted that, in the

present case, such permission/sanction has not been obtained from the

Magistrate and mechanically, investigation has been carried out and final

report has been filed.

6.In such view of the matter, the final report cannot stand the legal

scrutiny and the same is liable to be quashed. Accordingly, this Criminal

Original Petition is allowed and the final report in S.T.C.No.173 of 2025 on

the file of the learned Judicial Magistrate, Gudalur, is quashed.

Consequently, connected miscellaneous petitions are closed.

15.10.2025 mkn

Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes / No

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