CRL.O.P.No.16435 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM: THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY CRL.O.P.No.16435 of 2026 and CRL.M.P.No.10865 of 2026 1. Abuthahir @ VM Syed Abuthahir 2. Himayath @ A Himayathullah 3. Munaf @ Abdul Munaf Abdul Hameed ..Petitioners Vs. 1. The State rep. by The Inspector of Police, N3 Muthialpet Police Station, Flower Bazar, Chennai. Crime No.223 of 2024 2. Salahhudeen ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the entire records concerned in Crime No.223 of 2024 on the file of the Inspector of Police, N3 Muthialpet Police Station, Flower Bazar, Chennai and quash the same. For Petitioners : Mr.C.Prakasam https://www.mhc.tn.gov.in/judis CRL.O.P.No.16435 of 2026 __________ Page2 of 4 For Respondents : Mr.R.Rajasekaran, (For R1) Counsel for Government of Tamil Nadu (Crl.Side) ORDER This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.223 of 2024, pending on the file of the first respondent/Police. 2. The prayer sought for in this Criminal Original Petition is innocuous in nature, and as such, this petition is disposed of at the admission stage itself, without ordering notice to the second respondent. 3. The petitioners and the second respondent/de facto complaint are brothers. The allegation against the petitioners is that they committed theft of 27 boxes of areca leaf plates, which were kept for sale in a godown owned by the second respondent. 4. The case of the petitioners before this Court is that the dispute arises out of a commercial transaction that transpired between the brothers https://www.mhc.tn.gov.in/judis CRL.O.P.No.16435 of 2026 __________ Page3 of 4 and that a false case of theft has now been foisted against them. 5. Heard the learned counsel appearing on either side and perused the materials available on record. 6. The factual submission made before this Court cannot be termed as an incontrovertible facts for this Court to act upon at the stage of considering a quash petition. These are matters that require a detailed investigation. 7. In view of the above, the prayer sought in this petition cannot be countenanced. Accordingly, this Criminal Original Petition is disposed of, with liberty to the petitioners to bring the facts pleaded before this Court to the notice of the Investigating Officer during the course of investigation. Connected miscellaneous petition is closed. 30-06-2026 Neutral Citation: Yes/No Sni https://www.mhc.tn.gov.in/judis CRL.O.P.No.16435 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. Sni To 1. The Inspector of Police N3 Muthialpet Police Station, Flower Bazar, Chennai. 2. The Public Prosecutor, High Court of Madras. CRL.O.P.No.16435 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis