Ibramsha @ Ibram Moosa vs The State Of Tamil Nadu on 30 January, 2026

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    Madras High Court

    Ibramsha @ Ibram Moosa vs The State Of Tamil Nadu on 30 January, 2026

                                                                                           Crl.O.P(MD)No.1755 of 2026
    
    
    
    
                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                  DATED : 30.01.2026
    
                                                              CORAM
    
                         THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
    
                                             Crl.O.P(MD)No.1755 of 2026
                                                        and
                                         Crl.M.P(MD)Nos.1915 & 1916 of 2026
    
                    Ibramsha @ Ibram Moosa                                                   ... Petitioner/A10
                                                                  Vs.
    
                    1.The State of Tamil Nadu,
                      The Inspector of Police,
                      Sethubavachatram Police Station,
                      Thanjavur District.
                      (Crime No.220/2000)                                      ... Respondent/Complainant
    
                    2.R.Thangavel                                 ... Respondent/Defacto Complainant
    
                    Prayer: Criminal Original Petition is filed under Section 528 of BNSS,
                    2023, to call for the records pertaining to the case registered in
                    impugned charge sheet in S.C.No.191 of 2010 on the file of the III
                    Additional District and Sessions Court, Pattukottai in Crime No.220 of
                    2000 on the file of 1st respondent police and quash the same as illegal.
                                      For Petitioner         : Mr.A.Sheik Nasurdeen
                                      For R1                 : Mr.B.Thanga Aravindh
                                                                Government Advocate(Crl.Side)
    
    
    
    
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                                                                                     Crl.O.P(MD)No.1755 of 2026
    
    
    
    
                                                           ORDER
    

    Seeking quashment of the charge sheet in S.C.No.191 of 2010 on

    the file of the III Additional District and Sessions Court, Pattukottai,

    SPONSORED

    this criminal original petition is filed.

    2. Since no adverse order is passed against the 2nd respondent,

    notice to the 2nd respondent is dispensed with.

    3. The learned counsel for the petitioner submitted that on the

    complaint of the 2nd respondent, F.I.R in Crime No.220 of 2000 was

    registered for the offences under Sections 147, 148, 332, 353, 323, 307

    and 506(ii) IPC and Section 3 of Tamil Nadu Property (Prevention of

    Damage and Loss) Act, 1992 on the file of the 1 st respondent against 28

    named accused and other unidentified accused, where the petitioner was

    arrayed as Accused No.10. After investigation, final report was laid

    against 28 accused persons and some other unidentified persons before

    the learned Judicial Magistrate Court, Pattukottai and the case was

    taken on file as P.R.C.No.53 of 2002. In the meanwhile, the petitioner

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    Crl.O.P(MD)No.1755 of 2026

    had gone abroad for his livelihood and he is the sole breadwinner of his

    family. In the interregnum P.R.C.No.53 of 2002 was split up insofar as

    the petitioner and other accused persons, namely Accused Nos.4, 14 and

    24 are concerned and it was renumbered as P.R.C.No.44 of 2008 by the

    learned Judicial Magistrate, Pattukottai and the ranks were rearranged

    as Accused Nos.1 to 22 and the case was taken on file as S.C.No.364 of

    2008 by the Assistant Sessions Judge, Pattukottai (Bench), Thanjavur.

    After examining P.Ws.1 to 10 and marking Exs.P1 to P11, M.Os.1 to 6,

    Accused Nos.2, 4, 6, 7 and 8 were convicted and the remaining accused

    were acquitted. Aggrieved by the aforesaid order, Accused No.2, 4, 6, 7

    and 8 have preferred an appeal in Crl.A.No.123 of 2010 before the III

    Additional District and Sessions Court, Pattukottai. After perusing the

    entire evidence and hearing the detailed arguments on both the sides,

    judgment was passed on 12.03.2013, acquitting all the accused persons.

    After the committal proceedings in P.R.C.No.44 of 2008, which was

    split up against the petitioner, the case was renumbered as S.C.No.191

    of 2010 on the file of the learned III Additional District and Sessions

    Court, Pattukottai. During the petitioner’s stay in India, no summons

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    Crl.O.P(MD)No.1755 of 2026

    were served on him either by the 1st respondent or by the Court.

    Thereafter, it is understood that the Non-Bailable Warrant has also been

    issued against him. Recently, in 2023, when the petitioner returned to

    India, he came to know about the issuance of the said Non-Bailable

    Warrant. Subsequently, he was arrested and released on bail on

    02.09.2025. Categorically contending that the petitioner is entitled to

    the benefit of the judgment of acquittal in the order passed in S.C.No.

    364 of 2008 dated 30.11.2010 by the learned Assistant Sessions Judge,

    Pattukottai, Thanjavur and in the subsequent judgment in Crl.A.No.123

    of 2010 on the file of the III Additional District and Sessions Court,

    Pattukottai, dated 12.03.2013, this criminal original petition is filed.

    4. The learned counsel for the petitioner relied upon the case of

    Muthuchezhiyan @ Muthuezhilan1 and Javed Shaukat Ali Qureshi

    Vs. State of Gujarat2, in which both this Court and the Hon’ble Apex

    Court had considered similar circumstances and quashed the respective

    cases, sought indulgence of this Court to quash the pending charge

    1 Crl.O.P(MD)No.17653/2017, dated 27.11.2019
    2 (2023) 9 SCC 164

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    Crl.O.P(MD)No.1755 of 2026

    sheet in S.C.No.191 of 2010 on the file of the III Additional District

    and Sessions Court, Pattukottai.

    5. The learned Government Advocate(Crl.Side) submitted that at

    the time of police patrol, the accused persons unlawfully gathered and

    attacked police officials, abused in filthy language and caused damage

    to the police jeep by using weapons. Hence, he sought for dismissal of

    the criminal original petition.

    6. Heard the learned counsels on either side and perused the

    materials available on record.

    7. The relevant portion of the order in Muthuchezhiyan @

    Muthuezhilan1 is extracted hereunder :

    6. It is seen from the records that all the other accused
    persons have been acquitted in Spl.S.C.No.30 and
    Spl.S.C.No.85 of 2010 by judgments dated 10.04.2017 and
    19.09.2018 respectively. The charges against this petitioner
    is also similar to the charges that were faced by the other
    1 Crl.O.P(MD)No.17653/2017, dated 27.11.2019

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    accused persons. The petitioner is also placed on the same
    footing and there is no other independent evidence available
    against the petitioner.

    7. The judgments cited by the learned counsel for the
    petitioner squarely covers the facts of the present case.

    (i) In Thamilendi vs. State rep by Inspector of Police,
    Orathanadu Police Station, Thanjavur District reported in
    2008 (2) CTC 153, the relevant paragraphs are extracted
    hereunder:

    “ 6. The learned counsel for the petitioner
    placed reliance on a decision of this Court in
    Tamilmaran v. State, 2007 (1) LW (Crl.) 514, to the
    proposition that in the event of acquittal of the other
    accused disbelieving the entire prosecution case, no
    useful purpose would be served for putting the
    petitioner to undergo the ordeal of trial.
    In that
    decision this Court placed reliance on a decision of
    Delhi High Court in Sunil Kumar v. State, 2000 (1)
    Crimes 73, wherein it is held as follows:

    “3. The question thus is as to
    whether in the face of the judgment of
    acquittal the petitioner should still be
    permitted to undergo the ordeal of a trial.
    In Sat Kumar v. State of Haryana, AIR
    1974 SC 294, it was held that there is no
    rule of law that if the Court acquits some
    of the accused on the evidence of a witness

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    Crl.O.P(MD)No.1755 of 2026

    raising doubt with regard to them the
    other accused against whom there is
    absolute certainty about his complicity in
    the crime based on the remaining credible
    part of the evidence of that witness must be
    acquitted. (See also Har Prasad v. State of
    Madhya Pradesh
    , AIR 1971 SC 1450;
    Makan Jivan v. State of Gujarat, AIR 1971
    SC 1797; Mohd. Moin Uddin v. State of
    Maharashtra, 1971 SCC (Cri.) 617). But
    where the evidence against all the accused
    persons is inseparable and indivisible and
    if some of the accused persons have been
    acquitted, the remaining accused persons
    cannot be treated differently on the basis
    of the same evidence.

    4. On perusal of the judgment of
    acquittal dated 19.1.1998, it appears that
    the deceased-Balwan Singh met with a
    homicidal death owing to burn injuries
    sustained by him has not been disputed by
    the accused persons. The evidence against
    the accused persons mainly consists of the
    evidence of the eye-witnesses, namely,
    Karan Singh (PW 2) and Smt. Asha Rani
    (PW-5) (Wife of the deceased Balwan
    Singh) besides the dying declaration
    (Ex.PW-13/A) of the deceased Balwan
    Singh. Both the said witnesses have not
    supported the prosecution case and so they
    have been declared hostile by the
    prosecution. Eliminating the evidence of
    the said eye-witnesses, there remains the
    dying declaration (Ex.PW.13/A) of the
    deceased Balwan Singh, which has been
    disbelieved by the learned Additional

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    Sessions Judge. It would, therefore,
    appear that the accused persons, namely,
    Jangli Tyagi, Balbir Singh, Anil Kumar
    Tyagi and Sushil Kumar Tyagi were
    acquitted on the gorund of insufficiency of
    evidence. Thus, the evidence adduced in
    the case against all the accused persons is
    inseparable and indivisible and that being
    so the petitioner cannot be treated
    differently on the basis of the said
    evidence. In this view of the matter, there
    is no prospect of the case ending in
    conviction against the petitioner and the
    valuable time of the Court would be
    wasted for holding trial only for the
    purpose of formally completing the
    procedure to pronounce the conclusion on
    a future date. If the Court is almost certain
    that the trial only would be an exercise in
    futility or sheer wastage of time, it is
    advisable to truncate or ship the
    proceedings at the stage of Section 227 of
    the Code itself.”

    7. This Court has also placed reliance on yet
    another decision of the Karnataka High Court in
    Mohammed Ilias v. State of Karnataka, 2001 (4)
    Crimes 417, taking the same view by following the
    decision rendered by the Delhi High Court
    [Tamilmaran v. State, 2007 (1) LW (Crl.) 514].

    9. Therefore, this Court is of the considered
    view that no useful purpose would be served by
    putting the petitioner to undergo the ordeal of trial

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    and as such the proceedings pending against the
    petitioner in S.C. No. 202 of 1999 on the file of the
    learned Principal Sessions Judge, Thanjavur, is
    hereby quashed.”

    (ii) In Chinnappa @ Mahendran vs. the State rep. by
    the Inspector of Police, Orathanadu Police Station, Thanjavur
    District reported in 2015 (1) MWN (Cr.) 259, the relevant
    paragraphs are extracted hereunder:

    “16. By a catena of decisions it is well settled
    that where the evidence against all the accused is
    inseparable and indivisible and if some of the accused
    persons were acquitted, the remaining accused cannot
    be treated differently on the very same evidence (See
    MOHD. MOIN UDDIN V. STATE OF
    MAHARASHTRA, (1971 SCC (CRI.) 617)).

    17. In C.B.I. V. AKILESH SINGH (AIR 2005 SC

    268), the Hon’ble Apex Court upheld the quashing of
    the case against main accused under 482 Cr.P.C, who
    is alleged to have hatched the conspiracy and who
    had the motive to kill the deceased, the case against
    the other accused were discharged from the case on
    the ground that no purpose would be served in further
    proceedings with the case against them.

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    18. Similar view has been taken in
    MOHAMMED ILIAS V. STATE OF KARNATAKA
    (2001 (4) CRIMES 417).

    19. Close on the heels, is the decision of my
    most esteemed Brother Hon’ble Justice K.N.Basha in
    TAMILENDI V. STATE (2008 (2) CTC 153) where
    there are more than one accused, trial against one
    absconding accused was split up and the remaining
    accused were tried, it was established that the
    prosecution has failed to prove the charge including
    the murder charge under Section 302 I.P.C, they were
    acquitted, in such circumstances, my learned Brother
    held that in such circumstances no useful purpose
    would be served by directing the remaining accused
    to undergo the ordeal of trial.”

    8. It is very clear from the above judgments that, where
    the evidence of all the accused persons is inseparable and
    indivisible and some of the accused persons have been
    acquitted, the remaining accused persons cannot be treated
    differently based on the very same evidence. No useful
    purpose would be served by making the petitioner undergo the
    ordeal of trial.

    9. In the result, the proceedings in Spl.S.C.No.31 of
    2017 on the file of the learned First Additional District &

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    Sessions Judge(PCR), Thanjavur is hereby quashed and
    accordingly, the Criminal Original petition is allowed.
    Consequently, connected Crl.M.P.(MD) No.11553 of 2017 is
    closed.

    8. The relevant portion of the case in Javed Shaukat Ali Qureshi

    Vs. State of Gujarat1 is extracted hereunder :

    “15. When there is similar or identical evidence of
    eyewitnesses against two accused by ascribing them the same
    or similar role, the Court cannot convict one accused and
    acquit the other. In such a case, the cases of both the accused
    will be governed by the principle of parity. This principle
    means that the Criminal Court should decide like cases alike,
    and in such cases, the Court cannot make a distinction
    between the two accused, which will amount to
    discrimination.”

    9. Even in the instant case, only after complete trial, the accused

    in S.C.No.364 of 2008 dated 30.11.2010 were acquitted by the learned

    Assistant Sessions Judge, Pattukottai, Thanjavur and the same has been

    acknowledged and detailed appeal has also been conducted in Crl.A.No.

    1 (2023) 9 SCC 164

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    123 of 2010, in which even those who were convicted by the trial Court

    were also acquitted. Since the evidence of all the accused in S.C.No.364

    of 2008 and Crl.A.No.123 of 2010 and the pending case in S.C.No.191

    of 2010 are inseparable and indivisible, consideration that all the

    accused in S.C.No.364 of 2008 were already been acquitted, the

    remaining accused person cannot be treated differently based on the

    same evidence. Hence, I am of the considered opinion that no useful

    purpose would be served by making the petitioner herein undergo the

    ordeal of trial. Therefore, S.C.No.191 of 2010 on the file of the III

    Additional District and Sessions Court, Pattukottai in Crime No.220 of

    2000 on the file of 1st respondent police is hereby quashed as against the

    petitioner.

    10. Accordingly, this Criminal Original Petition is allowed.

    Consequently, connected Miscellaneous Petitions are closed.

    
    
    
                                                                                             30.01.2026
                    NCC               : Yes / No
                    Index             : Yes / No
                    Internet          : Yes/ No
    
    
    
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                                                                                   Crl.O.P(MD)No.1755 of 2026
    
    
    
    
                    gbg
    
                    To
    
    

    1.The III Additional District and Sessions Court,
    Pattukottai.

    2.The Inspector of Police,
    Sethubavachatram Police Station,
    Thanjavur District.

    3.The Additional Public Prosecutor,
    Madurai Bench of Madras High Court,
    Madurai.

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    L.VICTORIA GOWRI, J.

    gbg

    Crl.O.P(MD)No.1755 of 2026

    30.01.2026

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