Shamiyulla v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No.10829 of 2026 Shamiyulla S/o A.Mohammed Elias, Residing at, No.9/54, Parasakthi Nagar, Banglow Street, Dadagapatti, Salem.
..Petitioner(s) Vs
1. The State Rep By, The Inspector of Police K4 Anna Nagar Police Station, Chennai.
Crime No.115 of 2026
2. Meenatchi Sundari R M Joint Director (Law), Directorate of Medical and Rural Health Services, Chennai.
..Respondent(s) Petition filed under Section 528 of BNSS, praying to call for the records in connection with FIR in Crime No.115 of 2026 pending on the file of the first respondent herein i.e., The Inspector of Police, K4 Anna Nagar Police Station, Chennai.
For Petitioner(s):
Mr.S.Kartik For Respondent(s):
Mr.R.Rajasekaran Government Counsel (Crl. Side) for R1
ORDER
This Criminal Original Petition has been filed to quash the FIR in Cr.No.115 of 2026 pending on the file of the first respondent herein i.e., The Inspector of Police, K4 Anna Nagar Police Station, Chennai.
2. It is the case of the prosecution that some persons claiming themselves as doctors indulged in hair transplantation at Mister Hair Clinic, Anna Nagar, Chennai without qualified to do so and hence, a case was registered against them under Sections 125, 272, 318(3), 336(2), 123 and 61(2) of BNS, 2023 as well as under Section 15(3) of the Indian Medical Council Act, 1956 pursuant to an inspection conducted. The petitioner herein has been arrayed as A4 in this case.
3. The learned counsel for the petitioner submitted that the petitioner has been working as a Manager in the aforesaid Clinic only before 7 days of the
search and the same was also revealed in the statements recorded by the respondent police. He contended that apart from working as a Manager for 7 days, the petitioner has no role in the alleged offence and no other allegation was made against the petitioner and hence, he prayed this Court to quash the FIR as against the petitioner herein.
4. I have considered the submissions made by the learned counsel for the petitioner and also perused the materials available on record.
5. If the petitioner has only worked as a Manager at the time of search and seizure, he joined the Clinic only before 7 days of the inspection, he has no actual knowledge of the alleged offence, and there is no conspiracy of the petitioner with the other accused, these issues are factual in nature which has to be brought before the Investigating Officer and has to be considered during the course of investigation. That by itself, is not a ground to quash the FIR. However, within one week from the date of receipt of a copy of this order, the petitioner can appear before the Investigating Officer, if he so choses and place the materials on record and the same shall be appropriately considered and taken into account by the Investigating Authority during the course of investigation.
6. The Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. 29-06-2026 DP To
1. The Inspector of Police K4 Anna Nagar Police Station, Chennai.
2. The Public Prosecutor, Madras High Court.
D.BHARATHA CHAKRAVARTHY, J.
DP 29-06-2026