CRL OP/10628/2026 of Sakila Banu @ Aminabi Vs The State, Rep. by, Inspector of Police,

CRL OP No. 10628 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 10628 of 2026 and Crl.MP.No.7560 of 2026 Sakila Banu @ Aminabi W/o.Ismail, No.45, Othavadai Street, Perambur, Chenani - 11. ..Petitioner(s) Vs 1. The State, Rep. by, Inspector of Police, M1, Madhavaram Police Station, Chennai. Crime No.953 of 2024. 2. Parameswari C/o.Subbayya, No.70, Jail Prison Quarters, Puzhal, Chennai. ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS, to call for the records in Crime No.953 of 2024 on the file of MI, Madava ram Police Station, Chennai. For Petitioner(s): Mr.H.Thameen Ansari For Respondent(s): Mr. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR for R1 https://www.mhc.tn.gov.in/judis CRL OP No. 10628 of 2026 __________ Page2 of 5 ORDER This criminal original petition has been filed to call for the records in Crime No.953 of 2024 on the file of MI, Madavaram Police Station, Chennai. 2. The case of the defacto complainant is that one Inbaraj along wi th the petitioner Shakila Bani alias Amina Bee approached the defacto c omplainant and induced her through her husband to purchase 2400 Sq.ft land at Elizabeth Nagar, Madhavaram at low price. Believing his words, the defacto complainant paid total sum of Rs.36,43,000/- from 18.05.2018 to March 2021. Thereafter, they neither gave the land nor returned money. After repeated dema nds made, they returned a sum of Rs.5,00,000/- alone in November 2023. Balance Rs.31.43,000/- not returned. Hence, the present complaint. 3.The learned counsel for the petitioner submitted that the dispute between the parties is purely civil in nature. In this regard, civil suit in O.S.No.417 of 2024 is pending before the XXIII Assistant City Civil Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 10628 of 2026 __________ Page3 of 5 4.The learned Additional Public prosecutor for the first respondent submitted that based on the complaint, a case in crime No.953 of 2024 registered against the petitioner/A1 and Inbaraj/A2. The allegati on against the petitioner is that A2, being the owner of the property, along with A 1, induced the defacto complainant, representing that they are willing to se ll the property. Believing the same, the defacto complainant paid a sum of Rs.36,43,000/-. However, the accused failed to execute the sale deed. Out of the said amount, a sum of Rs.5,00,000/- alone returned and the remaining amount of Rs.31.43,000/- not repaid. The investigation is in progress. 5.Considering the submissions made and on perusal of the materials available on record, it is seen that prima facie case is made out against the petitioner/A1 and investigation is in progress, this Court is not inclined to entertain the criminal original petition at this stage. Accordingl y, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. 28-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms https://www.mhc.tn.gov.in/judis CRL OP No. 10628 of 2026 __________ Page4 of 5 To 1. The State, Rep. by, Inspector of Police, M1, Madhavaram Police Station, Chennai. Crime No.953 of 2024. 2. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 10628 of 2026 __________ Page5 of 5 M.NIRMAL KUMAR, J. sms CRL OP No. 10628 of 2026 28-04-2026 https://www.mhc.tn.gov.in/judis