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P. Afrose Basha v. The Inspector of Police,

DISPOSED OF
Court
High Court of Madras
Decided
10 March 2026
Bench
M. Nirmal Kumarauthor
Case no.
CRL OP 5235/2026

Judgment

ORDER The Criminal Original Petition has been filed seeking a direction to the learned Judicial Magistrate, Vaniyambadi, to dispose of the petition in Crl.M.P. No.3498 of 2025, filed on 06.10.2025, within a stipulated period of time.

¶2Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

¶3Considering the submissions made by the learned counsel on either side and upon perusal of the materials available on record, it is seen that the petitioner, as complainant, had filed a complaint under Section 156(3) of the Code of Criminal Procedure seeking a direction to the Trial Court to order the respondent police to register an FIR on the complaint given by the petitioner.

¶4It is the contention of the petitioner that he was appointed as Muthawalli by the Waqf Board for the period from 21.03.2025 to 22.01.2028. Page3 of 5 As against which, One Anees Ahamed, has filed a case before the Tamil Nadu Waqf Board. While proceedings regarding the said appointment were pending, on 14.07.2025 at about 8.00 p.m., some of the persons named in the complaint allegedly trespassed into the Dargah premises, broke open the offering hundial and committed theft of the amount kept therein.

¶5According to the petitioner, the occurrence was captured in the CCTV cameras installed in the premises and the recordings, along with a CD, were produced before the respondent police on 16.07.2025. The complaint was received and assigned CSR No.511 of 2025. However, no further action has been taken by the police despite the allegation disclosing a cognizable offence. Hence, the petitioner approached the jurisdictional Magistrate by filing the above petition, which is still pending without any orders.

¶6The learned Additional Public Prosecutor submitted that the said petition is now posted "for orders" on 24.03.2026. Page4 of 5

¶7In view of the above, this Court directs the learned Judicial Magistrate, Vaniyambadi, to consider the petitioner's complaint and, if a cognizable offence is made out, pass appropriate orders either directing registration of an FIR or passing any other order on merits in accordance with law, without further delay, preferably on or before 24.03.2026.

8.With the above direction, the Criminal Original Petition stands disposed of. 10-03-2026 Index: Yes/No Speaking/Non-speaking order RKP To

¶1The Judicial Magistrate at Vaniyambadi.

2.The Inspector of Police, Town Police Station, Vaniyambadi - 635751, Tirupathur District. CRLoOPoNo.o5235oofo2026 M.NIRMALoKUMAR,oJ. RKP CRLoOPoNo.o5235oofo2026 10-03-2026 Page5oofo5

Case details

Parties and counsel

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR P.Afrose Basha ..Petitioner(s) Vs The Inspector of Police, Town Police Station, Vaniyambadi - 635 751, Tirupathur District. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 528 of BNSS to direct the learned Judicial Magistrate at Vaniyambadi to dispose a petition in Crl.M.P. No.3498 of 2025 filed on 06.10.2025 within stipulated period of time prescribed by this Court. For Petitioner: For Respondent: Mr.R.Sunil Kumar Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor Page2 of 5

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.