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CDJ 2026 MHC 4898 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : Crl. O.P. Nos. 9285, 11436, 11512, 15738 & 16330 of 2026 & Crl. M.P. Nos.6554 & 8281 of 2026
Judges: THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR
Parties : Sadam Mohideen & Others Versus State of Tamil Nadu represented by, Inspector of Police, TIW-Anna Nagar Police Station, Chennai & Another
Appearing Advocates : For the Petitioner: K. Venkateswaran, B. Ganesha Moorthy, Advocates. For the Respondents: R. Rajasekaran, Government Advocate (Criminal Side).
Date of Judgment : 08-07-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 281 and 110 of BNS, 2023
- Section 188 of Motor Vehicles Act, 1988

2. Catch Words:
quash, FIR, public endangerment, reckless driving, trauma ward visit, petition, investigation

3. Summary:
- Ten young individuals were alleged to have ridden motorcycles rashly on 24.05.2025, leading to FIR No. 132/2025 under Sections 281, 110 of BNS and Section 188 of the Motor Vehicles Act.
- The petitioners contended they were merely traveling at night, faced no public complaint, and the FIR was filed on assumption.
- The respondent police argued the complainant, a Special Sub‑Inspector, observed dangerous riding and secured CCTV evidence.
- The Court, noting the absence of any public grievance and the petitioners’ remorse, directed them to visit trauma wards for awareness.
- Considering the circumstances, the Court found no merit in continuing the prosecution and ordered the FIR to be quashed.
- All related criminal original petitions were allowed, with one withdrawn petition dismissed only insofar as it pertained to a single petitioner.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.132 of 2025 under Sections 281 and 110 of BNS, 2023 and Section 188 of Motor Vehicles Act, 1988 on the file of Inspector of Police, TIW-Anna Nagar, Chennai District and quash the same.)

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.132 of 2025 under Sections 281 and 110 of BNS, 2023 and Section 188 of Motor Vehicles Act, 1988 on the file of Inspector of Police, TIW-Anna Nagar, Chennai District and quash the same.

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.132/2025 on the file of 1st respondent pending against the petitioner and quash the same.

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.132 of 2025 on the file of the respondent Police and quash the same against these petitioners/accused. For Petitioners : Mr.I.Md.Arif For Respondent : Mr.R.Rajasekaran, Government Advocate (Criminal Side)

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No.132 of 2025 under Sections 281 and 110 of BNS, 2023 and Section 188 of Motor Vehicles Act, 1988 on the file of Inspector of Police, TIW-Anna Nagar, Chennai District and quash the same.)

Common Order

1. Crl.O.P.No.9285 of 2026 filed by A2, Crl.O.P.No.11436 of 2026 filed A1, A3, A6, A7 & A8, Crl.O.P.No.15738 of 2026 filed by A9 & A10 and Crl.O.P.No.16330 of 2026 filed A4 & A5. All petitions filed to quash the FIR in Crime No.132 of 2025 dated 26.05.2025 on the file of the respondent Police viz., Inspector of Police, Traffic Investigation Wing, Anna Nagar, Chennai.

2. For convenience and clarity, the petitioners are referred to as accused as per their rank at present.

3. The case of the prosecution is that the respondent Police, viz., the Inspector of Police, Traffic Investigation Wing, Anna Nagar, Chennai, registered an FIR in Crime No.132 of 2025 on 26.05.2025 for the offences under Sections 281 and 110 of the BNS and Section 188 of the Motor Vehicles Act, 1988, against A1 to A10, the petitioners herein, on the complaint of the Special Sub Inspector of Police, K-4 Anna Nagar Traffic, Chennai. The complaint is that on 24.05.2025 at about 11.55 p.m., near the Anna Nagar Blue Star Signal, ten persons, namely the petitioners herein, were riding motorcycles in abreast, rash and negligent manner and caused endanger to the public. When the defacto complainant attempted to stop them, they sped away. The petitioners took a round about from blue star signal to Shanthi Colony and thereafter proceeded towards Chinthamani. On verifying CCTV footage, the identities of the accused and vehicles confirmed and complaint lodged, based on which, FIR registered and investigation is in progress.

4. Learned counsel for the petitioners submitted that the petitioners are friends and they went to a restaurant in Anna Nagar, had food and were returning to their respective houses. Since it was late at night and the roads empty, they were in a jovial mood, chatting while riding their motorcycles. But not rode the motorcycles in a rash or negligent manner. He further submitted that in the present case, no complaint of any obstruction or endangerment to life and no complaint from the public. The respondent Police registered the case merely on assumption that the petitioners had ridden the motorcycles in a rash and negligent manner and they were racing. On coming to know about the complaint, the petitioners appeared before the respondent Police and gave their explanations. But the respondent Police failed to consider the same and proceeding with investigation. He further submitted that the petitioners are all in their teens, either studying or completed their education. They are at the verge of seeking employment and settled in life. But the pendency of the above case is creating impediment in progression of their careers and this projected against them for their employment and higher education. Except for the defacto complainant, a Special Sub Inspector of Police, no public lodged any complaint, further the petitioners had never come under any adverse notice either before or after the alleged incident.

5. He further submitted that A1, M.Sheik Shakul Hamith completed B.Com. and employed as Manager in construction company and presently in Thanjavur. He was riding only a Hero Splendor motorcycle, which is an ordinary motorcycle designed for fuel efficiency and not for high-speed riding. A2, Sadam Mohideen is a B.C.A. graduate, unable to get employment and presently working as acting driver to sustain himself and his family and residing in Vellore. He was riding a TVS Jupiter scooter. A3, A.Abdul Azim is a second-year B.Sc., Visual Communication student studying in Chennai and he was riding a Pulsar motorcycle. A4, Sanjay Kumar is residing in Chennai and was riding KTM motorcycle. A5, Pradeep Kumar is 8th std dropout engaged in painting work in Chennai and was riding KTM motorcycle. A6, R.B.Mageshraja is a B.Sc. graduate employed as Safety Auditor in Chennai and was riding Honda motorcycle. A7, Mohammed Ashif is a 10th std dropout, employed in a biryani shop, riding Honda scooter. A8, Mohammed Ashik is a B.Sc. graduate in Fire Safety from Annamalai University and presently employed in biryani shop and he was riding Suzuki scooter. A9, Nadeem Hussain is a B.Com. Graduate, unable to secure suitable employment and presently engaged in food delivery work for his livelihood using KTM motorcycle. A10, Mohammed Sameer, is a 10th std dropout employed in food delivery, he was only a pillion rider to A6. Thus, all the petitioners are in crossroads of their career and the pendency of the above case is causing great hardship.

6. Learned Government Advocate (Crl. Side) appearing for the respondent Police in all petitions submitted that in this case, the defacto complainant, Special Sub Inspector of Police, K-4 Anna Nagar Traffic, Chennai, who was on routine patrolling duty on 24.05.2025, saw the petitioners blocking the entire road near Anna Nagar Roundana. All were riding the vehicles at high speed in a spirited mood and not concerned for the flow of traffic and the movement of the public and they proceeded in a rash and negligent manner endangering public life. When the defacto complainant attempted to stop the motorcycles, the petitioners ignored the signal and proceeded at high speed towards the east, entered Shanthi Colony and thereafter again came back to Roundana and proceeded towards Chinthamani Junction. After collecting the CCTV recordings, the petitioners and their bikes identified and the investigation is in progress. The petitioners riding the vehicles in such a manner would cause obstruction to the public and also cause loss of life and limb to the public and equally to the petitioners if such riding is left unchecked. He fairly submitted that the petitioners have not come under any adverse notice either before the incident or after the incident and they are in prime of their age and career.

7. He further submitted that the defacto complainant is none other than the Special Sub Inspector of Police, who has no motive against the petitioners. The petitioners, all young individuals, riding together two-wheelers, performing wheeling and creating nuisance, which caused fear among the public. Not only were they causing fear, but also disturbing the public. It is on their own best interest to refrain from such activities. All of them are young, with a bright future ahead. However, in the event of any mischief or accident, they could suffer injuries or fractures that might permanently affect their health, possibly leading to lifelong consequences. Such injuries could impact their ability to lead a normal, happy life and also hinder their future prospects.

8. He further submitted that in many high-speed accident cases, damage to the nervous system often results in the patient becoming paralyzed and motionless, requiring lifelong dependency on others. In some cases, the individual may lose consciousness and suffer permanent consequences. In light of this, such reckless actions cannot be condoned. The petitioners should be held responsible and to ensure that they do not engage in such activities in the future.

9. Considering that the petitioners are all students in their teens, and that the incident occurred a year ago with no subsequent adverse remarks against them, this Court directs that all the accused visit the trauma ward for a day. This will give them to know how injuries are caused in motor accident cases both to the rider and to the public, and to understand the trauma experienced by the victims. It is necessary the petitioners to visit and present in the trauma ward for a day.

10. In view of the above, this Court directs A1 to A5 to visit Rajiv Gandhi Government General Hospital, Chennai on 18.07.2026 (Saturday) between 10:00 a.m. and 04:00 p.m. and directs A6 to A10 to visit Kilpauk Medical College and Hospital, Kilpauk, Chennai on 18.07.2026 (Saturday) between 10:00 a.m. and 04:00 p.m. The Resident Medical Officer/Dean of the respective Medical College and Hospital to permit the petitioners to visit the trauma ward and hospital. The respondent Police is instructed to accompany them to the hospital and ensure that they are taken around the wards to see and understand the impact of accidents and the sufferings. The respondent Police to coordinate with the Resident Medical Officer/Dean of the respective Medical Colleges for taking the petitioners to the trauma ward and hospital and monitor the petitioners during their visit to the hospitals on 18.07.2026. The petitioners are not permitted to carry any mobile phone during their visit to hospital and wards.

11. In this case, it is seen that the petitioners/accused have now realised their mistakes and expressed their apology and gave undertaking that in future they will not indulge in such misadventure. Further, in this case, it is seen that no member of the public lodged a complaint or reported any obstruction to the free movement of people or vehicles in a public way. In view of the above, this Court is inclined to quash FIR in Crime No.132 of 2025 pending against the petitioners.

12. At this stage, it is brought to the notice of this Court that A1/Sheik Shakul Hamith along with A3, A6, A7 & A8 already filed Crl.O.P.No.11436 of 2026 to quash the present FIR. For the same prayer, A1 filed Crl.O.P.No.11512 of 2026 separately. Hence, learned counsel for the petitioner in Crl.O.P.No.11436 of 2026 seeks permission of this Court for withdrawing the petition as against A1 alone and also made endorsement to that effect.

13. In view of the above, the FIR in Crime No.132 of 2025 dated 26.05.2025 on the file of the respondent Police is hereby quashed. It is further clarified that this case shall not be cited against the petitioners in any manner that affects their future education or employment-related matters.

14. Accordingly, Crl.O.P.Nos.9285, 11512, 15738 and 16330 of 2026 are allowed. Crl.O.P.No.11436 of 2026 is dismissed as withdrawn insofar as A1 is concerned and is allowed insofar as A3, A6, A7 and A8 are concerned. Consequently, connected Miscellaneous Petitions are closed.

 
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