Muhammed Anwar v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17503 of 2025 and Crl.M.P.No.11102 of 2025 Muhammed Anwar ... Petitioner Vs.

1. The State represented by, The Inspector of Police, AWPS Pallavaram Police Station, Pallavaram, Chennai.

2. Lakshana.M ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records and to quash crime No.18 of 2024 on the file of the Inspector of Police, AWPS Pallavaram.

For Petitioner : Mr.B.A.Chandrasekar For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records and to quash the F.I.R in Crime No.18 of 2024 on the file of the Inspector of Police, AWPS Pallavaram.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. The petitioner has filed this petition to quash the F.I.R in Crime No.18 of 2024 on the file of the first respondent-Police. Originally, a complaint was given before the Dubai Police against the petitioner/accused for the very same set of facts. Thereafter, the petitioner was acquitted and hence the Dubai Police preferred an appeal against the order of the trial Court in Dubai. Pending appeal., when the petitioner came to India, the de-facto complainant lodged another complaint on the very same set of facts, as against the petitioner before the first respondent-Police, suppressing the acquittal order passed by the

Dubai Trial Court. The appellate Court of Dubai also confirmed the acquittal order passed by the Dubai Trial Court. The petitioner has also preferred bail application before the learned District Judge, Chengalpat and the same was also allowed. Hence, he prayed for quashing of the F.I.R

4. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

5. On a perusal of the records, it is seen that prima facie materials are available against the petitioner to proceed the case further against him. The first respondent-Police is directed to conduct investigation and verify as to whether the complaint made by the de-facto complainant before the Dubai Police and before the respondent Police, are one and the same and on verification, proceed the case further in accordance with law.

6. With the abovesaid direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 18.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, AWPS Pallavaram Police Station, Pallavaram, Chennai.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17503 of 2025 and Crl.M.P.No.11102 of 2025 18.06.2025