(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, to set aside the closure report dated 16.04.2025 and transfer the investigation from the file of the 3rd and 4th respondents to the second respondent/CBCID to take necessary legal action against the culprits of the complaint dated 13.05.2025.)

1. This Criminal Original Petition is filed to set aside the closure report dated 16.04.2025 and transfer the investigation from the file of the 3rd and 4th respondents to the second respondent/CBCID to take necessary legal action against the culprits of the complaint dated 13.05.2025.

2. The contention of the learned counsel for the petitioner is that the petitioner as complainant lodged a complaint against one Vignesh, his wife Sindhiya and her sister Sangeetha and one Sridhar, who all in a deceitful manner induced the petitioner and her sister to avail personal loan by making arrangements in various Banks through their contacts and forced them to avail personal loan to the tune of Rs.60 lakhs each. These loans were handled by them by transferring to various accounts and thereby cheated and misappropriated to the tune of Rs.1,35,41,504/-, for which, the petitioner lodged a complaint to the District Crime Branch, Tiruvallur. The respondents 3 and 4 conducted enquiry, the petitioner produced all the relevant document, failed to consider the documents and ignoring the same, the respondents 3 and 4 closed the case as civil in nature. When the petitioner requested the respondents 3 and 4 as to why the complaint was closed as civil in nature, no answer was given but the petitioner was chased away and further, they made derogative comments and remarks against the petitioner. The petitioner apprehends that the respondents 3 and 4 were in collusive with the named accused persons in the complaint and closed the complaint as civil in nature which is fortified for the reason that the named accused claimed that they hail from the same place of Superintendent of Police who is well known to them. Thereafter, the petitioner made to run from pillar to post, knocking the doors of all concerned seeking justice. On 30.04.2025, the petitioner sent a representation to the Director General of Police against the accused persons as well as the respondents 3 and 4 for being collusive with them. This complaint was forwarded to the Superintendent of Police in C.No.542/2025 but thereafter to, no action taken.

3. In the meanwhile, due to the inaction of the Police the petitioner attempted suicide by hanging herself. By the timely intervention of the family members and neighbours, the petitioner rushed to Government Medical College and Hospital, Tiruvallur. Thereafter, information was sent to the Manavalanagar Police Station, who had come to the hospital, enquired with the Doctor, finding the petitioner’s chances of survival is bleak, a requisition was made to the learned Judicial Magistrate for recording dying declaration on 11.04.2025. On receipt of the information, the learned Judicial Magistrate in the presence of the duty Doctor Harikumar recorded the dying declaration, the petitioner narrated the sufferings she had undergone at the hands of Vignesh, Sindhiya, Sangeetha and Sridhar, the improper manner in which the enquiry conducted by the Sub-Inspector of Police and the Deputy Superintendent of Police, District Crime Branch. The dying declaration commenced at 8.15 p.m. and completed at 9.45 p.m. The Manavalanagar Police to save themselves had shown as though the complaint was received on 11.04.2025 at 13.20 hours and C.S.R.No.373 of 2025 assigned. Presently, the petitioner received information to her mobile that C.S.R.No.373 of 2025 was closed as action dropped. On coming to know about the petitioner's attempt to commit suicide, in a hasty manner the District Crime Branch closed the complaint of the petitioner as civil in nature by report dated 16.04.2025 of the Sub-Inspector of Police and a report dated 17.04.2025 by the Deputy Superintendent of Police, District Crime Branch. Now C.S.R.No.373 of 2025 also closed despite dying declaration recorded by the Judicial Magistrate. Thus, the action of the Police both by the District Crime Branch and Manavalanagar Police are not in accordance with law and further, the petitioner made specific complaint against Sub Inspector of Police and Deputy Superintendent of Police, District Crime Branch for their inaction and for being complaisant with the accused person. Hence filed this petition seeking transfer of investigation to an independent agency, namely, the second respondent.

4. The learned Government Advocate (Crl. Side) on getting instructions from the District Crime Branch produced the closure report of the Deputy Superintendent of Police, District Crime Branch, Tiruvallur dated 17.04.2025 and a scanned reproduction of the same is as follows:

                   

                   

5. Further, the learned Government Advocate (Crl. Side) also produced the report of the Additional Commissioner, Cyber Crime, Tiruvallur dated 15.05.2025 and a scanned reproduction of the same is as follows:

                   

                   

                   

                   

                   

                   

                   

6. The learned Government Advocate (Crl. Side) further submitted that in this case, detailed enquiry conducted and it is found that the petitioner and her sister availed personal loan and given the money to Vignesh, Sindhiya and Sangeetha for investing the money in share market through an agent Sridhar. The said Vignesh and the petitioner's husband are working in JK Tyres and they were known to each other. It is the petitioner's greed for money to have short term income in the share market had given the money on her own and received share benefits. This was enquired with the petitioner and other persons with the relevant documents and found that the petitioner and her sister given the money to the tune of Rs.1,35,41,504/- and in return, they received Rs.1,36,31,080/-. He would submit that after getting legal opinion from the Government Pleader, the case was closed as civil in nature. He would further submit that the petitioner attempted to commit suicide by making allegations, a complaint received and C.S.R.No.373 of 2025 assigned by the Manavalanagar Police. Thereafter, the Manavalanagar Police took steps to record the dying declaration of the petitioner and the same was recorded by the learned Judicial Magistrate, from which, it is confirmed that the petitioner on her own invested the money in the share market, now suffered loss, attempted to commit suicide and hence, the case closed as further action dropped. He further submitted that the complaint to the Director General of Police was initially forwarded to the Superintendent of Police which was again forwarded to the Additional Superintendent, Cyber Crime, who conducted enquiry, recorded the statement of the petitioner, Mr.Suresh Babu, Deputy Superintendent of Police, District Crime Branch, Tiruvallur, Mrs.E.Gandhimathi, Special Sub Inspector of Police, District Crime Branch, Tiruvallur, Mrs.P.Kalaiselvi, Grade-I Constable, District Crime Branch, Mr.G.R.Siva, Head Constable, District Crime Branch, Mr.Parthiban, Sub-Inspector of Police, Manavalanagar Police Station and the legal opinion from one Mr.V.S.Eswaran, Pleader doing Government work, Additional District Munsif Court, Tiruvallur, C.S.R.No.373 of 2025 and after collecting all these documents and examining the concerned, had given a report on 15.05.2025. He further submitted that the petitioner having voluntarily invested in the share market, suffered a loss is making complaint after complaint to various authorities and attempts to give a criminal colour to the civil dispute and filed the present petition. He would further submit that if at all the petitioner had any grievance, she has to approach the Civil Court. Hence, strongly opposed the petition.

7. This Court considered the rival submissions carefully and the typed set of papers produced by the petitioner and the learned Government Advocate (Crl. Side). The closure report of the Deputy Superintendent of Police, District Crime Branch dated 17.04.2025 and the report of the Additional Superintendent of Police, Cyber Crime dated 15.05.2025 [extracted above] confirm huge transaction of money with deception. This Court is not going into the merits of the contentions and the rival contentions.

8. The undisputed fact is that the petitioner attempted to commit suicide, she was rushed to the Government Medical College and Hospital, Tiruvallur where she was admitted on 11.04.2025 at about 12.10 p.m., in the Accident Register the ligature mark confirming the suicide is recorded, thereafter a requisition was made for recording dying declaration, the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Tiruvallur came to the Hospital and recorded the dying declaration of the petitioner in the presence of duty Doctor Harikumar. Hence, there is a prima facie material available for registration of a case.

9. On the contrary, it is shocking to know that based on the legal opinion obtained from one Mr.V.S.Eswaran, Pleader doing Government Work, Additional District Munsif Court, Tiruvallur, who opined that “Hence I am of the opinion the complaint was not a fit case to register the FIR and it attracts civil in nature. Hence the complaint is liberty to seek the remedy before the civil court in accordance with law”, the case was closed at the CSR stage itself which is improper.

10. Since there is a dying declaration recorded by a Magistrate which is a prima facie material to register a case, the Police ought to have registered FIR and conducted investigation in this case. It appears that after the suicide attempt by the petitioner, the District Crime Branch closed the complaint and the Additional Superintendent of Police submits a report. There seems to be some clouded mystery. Hence, this Court is inclined to set aside the closure reports.

11. Accordingly, the closure reports dated 16.04.2025 and 17.04.2025 of the District Crime Branch and Action dropped report of C.S.R.No.373 of 2025, all set aside, FIR to be registered and investigation to be conducted in a composite manner by an Officer not below the rank of Deputy Superintendent of Police preferably an Officer, not involved in any of the above enquiry so far conducted. The Inspector General of Police, North Zone to monitor the investigation.

12. In the result, the Criminal Original Petition stands allowed.