Madras High Court
CRL OP(MD)/13915/2024 of M.Mohammed Manzoor Vs The Inspector of Police on 23 September 2026
CRL OP(MD) No. 13915 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-09-2026
CORAM
THE HON'BLE DR.JUSTICE P.MURUGAN
CRL OP(MD) No. 13915 of 2024
&
CRL MP (MD) No.8629 of 2024
CNR:{HCMD010765872024}
M.Mohammed Manzoor
..Petitioner(s)
Vs
1. The Inspector of Police
Woraiyur Police Station,
Woraiyur,
Trichy District.
Crime No.913 of 2011.
2. R.Athmanabhan
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, to call for the records pertaining to the criminal case registered in Crime No. 913/2011 on the file of the 1st respondent police and quash the same as against the petitioner/ 1st accused.
For Petitioner(s):
R.Aravindan
For Respondent(s):
Mr.C.Susikumar
Government Advocate (Crl.Side)
for R1
Mr.R.Narayanan
for R2
CRL OP(MD) No. 13915 of 2024
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O R D E R
Heard both sides.
2. This is a second quash petition seeking to quash the Crime No. 913 of 2011 on the file of the first respondent police.
3. The petitioner had earlier filed a quash petition in Crl.O.P.(MD) No.8243 of 2019 which was closed by order dated 06.04.2022 on the ground that the investigation had been completed and charge sheet had been filed. Knowing that the earlier quash petition had been closed and that a charge sheet had been filed, the present writ petition was filed in 2024, after a lapse of two years, claiming that second quash petition is maintainable on the basis of changed facts and circumstances, as held by the Honourable Supreme Court of India in the case of Anil Khakhiwala Vs State Government of Delhi in Crl.A.No.1157 of 2019, that once a charge sheet has been filed, the accused must either face the trial or to work out the remedy available to challenge the charge sheet in the manner known to law. Therefore, the petitioner had contended in Ground No. (o) that the second quash petition is maintainable in view of the facts and circumstances. If it is so, it must be under investigation. In
CRL OP(MD) No. 13915 of 2024 the present case, however, facts are different wherein charge sheet has been filed.
4. The charge sheet has been taken up on file of C.C. No.434 of 2026 on the file of the Judicial Magistrate IV, Trichy and the case is posted for appearance of the accused on 29.10.2026.
5. Regarding the above factual scenario in this case, this Court is of the view that this second quash petition is not maintainable.
6. Accordingly, this petition is dismissed as not maintainable. Consequently, connected miscellaneous petition is closed. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No psa To
1. The Inspector of Police Woraiyur Police Station, Woraiyur, Trichy District. Crime No.913 of 2011.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 13915 of 2024 DR. P. MURUGAN, J. psa CRL OP(MD) No. 13915 of 2024 23-09-2026