← Library
Madras High CourtCRL OP/5570/2026allowed

A. Maharasu v. Inspector Of Police,

2026-03-26Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.4195 of 2026 A. Maharasu S/o. Anbalazhagan, No.612, Gangaiamman Koil Street, Chinniyampettai, Dhandrampattu, Tiruvannamalai District.

..Petitioner(s) Vs

1. Inspector of Police, Pallikaranai Police Station, Pallikaranai District.

Chennai.

Cr.No.1084/2023.

2. Kalaiselvan S/o. Arunachalam, No.282A, Kamakshi Amman Nagar, 3rd Street, Pallikaranai, Chennai - 100.

..Respondent(s) Criminal Original Petition is filed under Section 528 of BNSS to call for the entire records of FIR No.1084 of 2023 on the file of the 1st respondent police and quash the same and pass such further or other orders. For Petitioner(s):

Mr.K.Muruganantham For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For R1

ORDER

The petitioner who is an accused in Cr. No.1084/2023, registered for the offences punishable under Section 3(2)(a), 4(1) & 5(1)(a) of Immoral Traffic (Prevention) Act, 1956, has filed this quash application.

2. The case of the prosecution is that on 22.11.2023 at about 11.00 a.m., two persons namely Sooryadevan and Magarasu, introduced themselves to the de facto complainant and called him to Sparrow's Ayurvedic Saloon & Foot Reflexology, where he can have happy times with the women present over there and demanded a sum of Rs.5,000/-. The de facto complainant was not willing to involve in those activities. Under the guise of collecting money from his ATM, he slipped out and informed the police and thereafter, the police reached the said Ayurvedic Saloon at about 11.45 a.m. and arrested the persons who were in the said Saloon including the petitioner.

3. The learned counsel for the petitioner submits that the petitioner is a Post Graduate and completed M.Sc., Chemisty and B.Ed. The petitioner hails from an ordinary family and a first generation Post Graduate. While he was searching for a job, he was informed that a Manager post is available in the said Ayurvedic Saloon and he was appointed on 21.11.2023, a day before the occurrence. The learned counsel for the petitioner further submits that the

petitioner was not aware of any shadowy activities done by the other accused in the said Ayurvedic Saloon and the petitioner was under an impression that it was an Ayurvedic Centre and he was a Manager and he had his place at the front office. While that being so, on 22.11.2023, the police conducted a raid on the said Ayurvedic Saloon and enquired the petitioner and thereafter, he was also arrested in this case. The learned counsel for the petitioner further submits that in his confession, the petitioner had clearly stated about how he has been got entangled in the above case. The petitioner had also produced his education certificate of Under Graduate. Post Graduate and B.Ed Degree.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that in this case the petitioner's educational credentials were verified and it is found that the petitioner had completed M.Sc., Chemistry and B.Ed. The petitioner had joined the Ayurvedic Centre, a day before the police raid and whether the said occurrence had happened with the knowledge of the petitioner, can be confirmed only during the investigation.

5. On considering the above submissions and on perusal of the materials, it is seen that the petitioner is a M.Sc graduate and also completed B.Ed. It is not in dispute that the petitioner had joined the said Ayurvedic Saloon as a Manager, a day before the police raid on 22.11.2023. As a Manager, he was placed at the front office of the said Saloon. The Ayurvedic activities / other activities are not

within the knowledge of the petitioner. The petitioner hails from an ordinary family background and he is the first generation Post Graduate in his family and he had also completed B.Ed. In search of job, the petitioner failed to verify the background of the said Ayurvedic Saloon. The necessity to get a job, made the petitioner to join the said job and now he is facing the legal proceedings. The respondent police also confirmed that the petitioner has got no bad antecedents and he joined the said Saloon only 24 hrs before the Police raid, i.e. on 22.11.2023.

6. In view of the above, this Court finds that the continuation of the case against the petitioner is an abuse of process of law and in the interest of justice, this Court quashes the proceedings in Cr.No.1084/2023 registered against the petitioner. It is made clear, this case cannot be quoted against the petitioner for his future education or employment or in any other manner.

7. Accordingly, this Criminal Original Petition is allowed and the records in FIR in Cr.No.1084 of 2023 on the file of the first respondent is hereby quashed as against the petitioner only. Connected miscellaneous petition is closed. 26-03-2026 Index: Yes/No Speaking/Non-speaking order BKN

To:

1. Inspector of Police, Pallikaranai Police Station, Pallikaranai District.

Chennai.

Cr.No.1084/2023.

M.NIRMAL KUMAR, J.

BKN 26-03-2026