V.Narasiman @ Nagaraj v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA & Crl.M.P. No. 23941 of 2025 V.Narasiman @ Nagaraj S/o. Veeramuthu, No.5, Padi Street, Kabilar Nagar, Manavalnagar, Thiruvallur Taluk and District-602 000 Petitioner(s) Vs State rep by Inspector of Police Manavalangar Police Station, Thiruvallur. Crime No.112 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 Cr.P.C. to call for the records pertaining to the FIR dated 23.05.2025 in Crime No.112 of 2025 on the file of the Inspector of Police, Manavalnagar Police Station, Thiruvallur District and quash the same. For Petitioner ::

Mr.Y. Kanishkar Rao For Respondent ::

Mr.S. Santhosh, Govt. Advocate (Crl.Side) 1\4

ORDER

This criminal original petition is filed to call for the records pertaining to the FIR dated 23.05.2025 in Crime No.112 of 2025 on the file of the Inspector of Police, Manavalnagar Police Station, Thiruvallur District and quash the same. 2.

The case of the prosecution is that on 23.05.2025, when the Inspector of Police and two Constables of Manavalan Nagar Police Station were on their regular patrolling duty within their jurisdiction to prevent crimes and to check suspicious activities, the petitioner was found selling banned Kerala Lottery Tickets using his phone and at the time of arrest, he had also threatened the Police.

3.

Learned counsel for the petitioner submitted that the petitioner is a differently abled person with 75% permanent physical disability; that he was not present at the scene of occurrence; there is no possibility of him selling lottery tickets and a false case has been registered against him. 4.

On the other hand, learned Government Advocate (Crl.Side) submitted that the respondent has registered the case very recently on 23.05.2025 and the question whether the petitioner is guilty of selling banned Kerala Lottery Tickets or not, owing to his disability, is a question of fact, which cannot be decided in this quash petition. Further, he submitted that the petitioner has got 5 previous cases of similar nature and also that the 2\4

investigation is at a nascent stage.

5.

Heard both sides.

6.

The question whether the petitioner, who is a differently abled person and who cannot move from one place to another without any help, would have sold lottery tickets or not, is a factual aspect which cannot be decided in a quash petition. Hence, this Court finds no ground to entertain the present criminal original petition and the same stands dismissed. Consequently, connected criminal miscellaneous petition also stands dismissed. 16-12-2025 nv To

1. The Inspector of Police Manavalanagar Police Station, Thiruvallur. Crime No.112 of 2025.

2. The Public Prosecutor, Madras High Court, Chennai 600 104.

3\4

A.D.JAGADISH CHANDIRA J.

nv CRL OP No. 34082 of 16-12-2025 4\4