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Madras High Court · body

2025 DAILYLAW 100801 (MAD)

DHARMAPALAN v. The State of Tamil Nadu, Represented by the

CRL OP/27601/2025 · 2025-10-10

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P No.27601 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :10.10.2025 CORAM: THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.27601 of 2025 and Crl.M.P.No.18710 of 2025 1.Dharmapalan 2.Rajkumar 3.Manokaran 4.Vishvanathan 5.Srinivasan 6.Murugavel 7.Manokaran 8.Sabeer 9.Musima Sashasta 10.Mustafa 11.Saifuddin 12.Narayanan 13.Sivakumar 14.Bhuvaneshwaran 15.Hariprakash 16.Baladhiri 17.Bhaskar 18.Gopi 19.Giri 20.Sathishkumar 21.Bharathsarathy 22.Rumeshbabu 23.Murali 24.Subramani 25.Askar Ujwalah 26.Ethiraj p. 1 https://www.mhc.tn.gov.in/judis Crl.O.P No.27601 of 2025 27.Prathap 28.Palanisamy 29.Balu Baskar 30.Askar Ali 31.Karthik Jain 32.Aruldoss 33.Varatharajan 34.Narasimman 35.T.C.Pasupathi ... Petitioners Vs. The State of Tamil Nadu rep. by The Inspector of Police, Law and Order Branch, B-2, Esplanade Police Station, Chennai-600 108. [Crime No.232 of 2025] ... Respondent Prayer: Petition filed under 528 of BNSS, to call for the entire records in the first information report registered in Crime No.232 of 2025 dated 03.08.2025 on the file of the respondent police, B-2, Esplanade Police Station, Chennai-600 108 and quash the same as arbitrary, illegal and abuse of process of law. For Petitioners : Mr.Dr.A.Thiyagrajan, Sr. Counsel for Mr.S.Ramesh Kumar For Respondent : Mr.R.Vinothraja, GA (Crl. Side) O R D E R Challenging the First Information Report registered in Crime No.232 of 2025 dated 03.08.2025 on the file of the respondent police, B-2, Esplanade Police Station, Chennai-600 108, the petitioners had filed the present Criminal Original Petition. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P No.27601 of 2025 2. Heard the learned Senior counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing on behalf of the respondent. 3. The learned Senior counsel appearing on behalf of the petitioners submitted that the petitioners herein are the members of the registered Society namely, The Sukrutha Lakshmi Vilasa Sabha [hereinafter referred to as “the Sabha”] and they have been unnecessary roped in this case under Sections 45 and 46 of Tamil Nadu City Police Act, 1888. Hence, he prayed this Court to allow the petition by quashing the FIR. 4. Per contra, the learned Government Advocate appearing for the respondent State submitted that while the respondent police conducted raid in the said Sabha, the petitioners were involved in gambling by placing cards and the respondent police had also seized a sum of Rs.1 lakh which has been handed over to the Investigating Officer. He further submitted that investigation in this case is at the final stage and on completion of the same, final report will be filed and therefore, prayed to dismiss the petition. 5. I have heard the rival submissions made on either side and also perused the materials available on record. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P No.27601 of 2025 6. The crux of the allegations is that the petitioners involved in gambling by placing cards and a sum of Rs.1 lakh has been seized during raid and the investigation is at the final stage. Considering the fact that the investigation is at the final stage, this Court is not inclined the quash the FIR at this stage. However, the respondent police on completion of investigation, is directed to file the final report only as against the persons involved in the gambling and not on all the persons present in the subject premises. 7. With the above observations and directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. 10.10.2025 DP Index:Yes/No NCC : Yes/No Order : Speaking/Non Speaking p. 4 https://www.mhc.tn.gov.in/judis Crl.O.P No.27601 of 2025 To 1.The Inspector of Police, Law and Order Branch, B-2, Esplanade Police Station, Chennai-600 108. 2.The Public Prosecutor, Madras High Court. p. 5 https://www.mhc.tn.gov.in/judis Crl.O.P No.27601 of 2025 N.SATHISH KUMAR.J, DP Crl.O.P.No.27601 of 2025 and Crl.M.P.No.18710 of 2025 10.10.2025 p. 6 https://www.mhc.tn.gov.in/judis