Mohamed Farook v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI and CRL MP(MD)No.10969 of 2025 Mohamed Farrok ... Petitioner Vs.

1.The State of Tamil Nadu rep by The Inspector of Police, DCB, Pudukottai District.

[Crime No.9 of 2015] 2.Kaja Maideen

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records pertaining to Crime No. 9 of 2025 dated 30.05.2025 on the file of the Inspector of Police, DCB, Pudukottai District and quash the same insofar as this petitioner is concerned.

For Petitioner : Mr.D.S.Haroon Rahseed For R1 : Mr.P.Kottaichamy, Government Advocate 1/5

ORDER

The petitioner / accused in Crime No.9 of 2025 has filed this petition to quash the proceedings pending against him in Crime No.9 of 2025.

2.The case has been registered as against the petitioner that the petitioner is running a travel agency, he has collected money from the defacto complainant and others for Haj Pilgrimage, but has failed to send them and also refused to return the money to the victims. 3.The learned counsel for the petitioner submits that the petitioner is doing services of Al-Ameen Haj and Umra and the amount collected by the petitioner has already been paid to the Government of India. However the Government of India has restricted the number of Huj Pilgrims for the year 2025 and therefore, they could not send all the persons, who have paid money for the same. Even according to the petitioner the Government has restricted the numbers only due to administrative reasons and it is a policy decision. The petitioner has not committed any offence.

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4.He further submits that the Government has permitted the persons, who have paid money, for the next year's pilgrimage and if they are not willing, the Government has come forward to return the money. The petitioner will also take necessary steps in this regard. 5.This court has considered the submissions made by the learned counsel for the petitioner.

6.Though the petitioner has raised several grounds, this court is not inclined to quash the proceedings pending against the petitioner on the grounds raised by petitioner and it is a matter for investigation. The petitioner is at liberty to approach the respondent police with the materials he is having in his support and also with the proposal to settle the amount to the defacto complainant and others. The petitioner shall also file necessary application with the Government of India and ensure that the amount collected from the defacto complainant and others is returned. The petitioner shall not be harassed for a period of three months 3/5

7.This criminal original petition is disposed of in the above terms. Consequently connected miscellaneous petition is closed. 19.08.2025 DSK To 1.The Inspector of Police, DCB, Pudukottai District.

[Crime No.9 of 2015] 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J DSK 19.08.2025 5/5