VIJAYAWADA: The Andhra Pradesh High Court has quashed a criminal case against a man accused of illegally transporting sand worth only Rs 1,500, ruling that police had no authority to register the FIR or investigate without the Magistrate’s prior permission.
Justice Venkata Jyothirmai Pratapa, in her verdict recently, held that when the value of stolen property is less than Rs 5,000, the offence of theft under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS) is non-cognizable. In such cases, police cannot directly file an FIR or carry out an investigation — they must first obtain permission from the concerned Magistrate.
The case stemmed from an incident in which P Rasheedulla of Yemmiganur, Kurnool district, was intercepted by C Belagal police while allegedly carrying sand in a tractor. Police registered a case under theft provisions and the Mines and Minerals (Development and Regulation) Act, later filing a charge sheet.
However, the Tahsildar’s report showed the value of the seized sand was just Rs 1,500 — well below the Rs 5,000 threshold. Rasheedulla approached the High Court seeking to quash the proceedings. After hearing arguments from both sides, the court agreed that the police action was illegal since the offence was non-cognizable and no prior Magistrate’s permission had been obtained.
The judge also clarified that in cases under the MMDR Act, courts can take cognizance only on a written complaint from an authorised government officer — not merely on a police charge sheet. The High Court has now quashed the pending case before the I Additional Judicial Magistrate of First Class Court, Kurnool.