Mohammed Ali v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(Crl.)No.1739 of 2025 Mohammed Ali ... Petitioner Vs.

1.

The Inspector of Police, Railway Police Station, Arakkonam, Ranipet District.

Shabnam ... Respondents PRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ, Order or direction, more specifically a Writ of declaration declaring of the acquittal of the petitioner herein C.C.No.385 of 2024 rendered by the learned Judicial Magistrate No.II, Arakkonam, dated 05.08.2025 as Hon'ble Acquittal. For Petitioner : Mr.B.Thiyagarajan For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor

O R D E R

The present Writ Petition (Criminal) has been filed seeking to declare that the acquittal of the petitioner in C.C.No.385 of 2024, on the file 1/4

of the learned Judicial Magistrate No.II, Arakkonam, dated 05.08.2025 as "Hon'ble Acquittal".

Mr.K.M.D.Muhilan, learned Additional Public Prosecutor, takes notice on behalf of the respondents.

3.

In view of the consent expressed by the learned counsel on either side, this Writ Petition (Criminal) is taken up for final disposal at the admission stage itself. Notice to the second respondent is dispensed with inasmuch as no order prejudicial to her interest is passed. 4.

When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent submitted that an Hon'ble Division Bench of this Court, in C.Surendhar vs. The Director General of Police, Chennai and others reported in 2019 SCC OnLine Mad 39778, has categorically held that orders cannot be passed by declaring acquittal of an accused as "Hon'ble Acquittal" and a view was taken to the effect that the Code of Criminal Procedure used only the word "acquittal" and the term "Hon'ble Acquittal" is alien to criminal jurisprudence.

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5.

In view of the above, this Court finds that the prayer sought in the present Writ Petition (Criminal) is not maintainable. Accordingly, this Writ Petition (Criminal) stands dismissed. No costs. 06.01.2026 ham To 1.

The Inspector of Police, Railway Police Station, Arakkonam, Ranipet District.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 06.01.2026 4/4