logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MHC 1902 print Preview print print
Court : High Court of Judicature at Madras
Case No : CRL. OP. No. 2098 of 2026
Judges: THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR
Parties : A. Venkatachalamoorthy Versus The Inspector of Police, Central Crime Branch-I, Chennai
Appearing Advocates : For the Petitioner: Dhakshayini Venkatesh, Advocate. For the Respondent: Leonard Arul Joseph Selvam, Addl. Public Prosecutor.
Date of Judgment : 12-03-2026
Head Note :-
BNSS Act - Section 528 -

Judgment :-

(Prayer: This criminal original petition is preferred under section 528 of BNSS Act, 2023 seeking to direct the respondent police to recover the original sale deed and all other related documents, complete the investigation and file the final report at the earliest in FIR No.200 of 2023 dated 12.08.2023 and to pass such further and other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.)

1. The petitioner herein has filed this criminal original petition seeking direction to the respondent police to recover the original sale deed and all other related documents, complete the investigation and file the final report in FIR No.200 of 2023 and to pass appropriate orders.

2. Ms.Dhakshayini Venkatesh, learned counsel on record for the petitioner and Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor for respondent police are before this Court.

3. The contention of the learned counsel for the petitioner is that the petitioner has purchased a land in Sholavaram village, Ponneri Taluk to an extent of 1 acre and 98 cents from one L.Karthikeyan. Originally, the land belonged to one L.Amsalakshmi, who had settled the said property to the said L.Karthikeyan. Thereafter, a suit filed by the said Karthikeyan seeking the relief that the petitioner shall not in any manner alienate or encumber the suit property came to be dismissed. Later, the petitioner came in contact with one Mr.J.Krishnan who was doing real estate business and both petitioner and said Krishnan have become friends and they were having money transactions between them. As the petitioner was interested in selling the abovesaid property, the petitioner had handed over the original documents pertaining to the property to Mr.Krishnan.

4. It is the case of the learned counsel for the petitioner that on 17.07.2019, the said Krishnan had lodged a complaint to the Inspector of Police, Royapettah Police station and a case in Crime No.411 of 2019 came to be registered. From the complaint, it is seen that the said Krishnan came into contact with one Krishnakumar and Venkatesan through a known person. Both Krishnakumar and Venkatesan asked Krishnan to come to Chennai relating to the sale of the said property saying that one person is interested in purchasing the property. Accordingly, Krishnan and his friend Mr.Madhidas had gone to Balan Lodge in Royapettah where the said Krishnakumar and Venkatesan were staying in room no.20 and they were negotiating with regard to the property. During such negotiation, the said Venkatesan had called some persons over phone and within a few minutes, some 10 persons entered the room and joined the negotiation. At that time, in the guise of verifying the original documents, they were perusing the same and some persons suddenly took the knife and kept it on the neck of said Krishnan and forcibly taken away the documents and cash from him. On hearing the shout of said Krishnan and his friend, the lodge people had come to the rescue and all of them have escaped in a car taking away all the documents and valuables from them. A complaint has been lodged by listing 19 documents and CSR No.442 of 2019 was assigned by the police station on 17.07.2019. Thereafter, no action has been taken.

5. It is the contention of the learned counsel that the said Krishnan has filed a criminal original petition, i.e., Crl.O.P.No.22358 of 2019 before this court seeking for a direction to the Inspector of Police, E2 Royapettah Police station to register a FIR based on his complaint. This court vide order dated 28.08.2019 directed the Inspector of Police, Royapettah Police station to act upon the complaint of the petitioner immediately, register the FIR and to conduct the investigation in accordance with law. Even thereafter, since no action has been taken, the said J.Krishnan has filed a contempt petition in Contempt Petition No.1778 of 2019 and later, notice was ordered in the contempt. In the meanwhile, the FIR in Crime No.411 of 2019 came to be registered. Thereafter, another original petition in Crl.O.P.No.5782 of 2020 was filed by said Krishnan seeking transfer of the investigation of the said crime no.411 of 2019 from the file of Royapettah Police Station to the Central Crime Branch. This court vide order dated 27.07.2020 directed the case to be transferred to the file of Central Crime Branch. Though the said order has been passed in the year 2020, thereafter it took three years for the Central Crime Bench, Chennai to register the FIR in Crime No.200 of 2023 on 12.08.2023 for offences under sections 341, 387, 323 and 506(1) of IPC against one Magi (Magesh), Ramesh, Raja, Krishnakumar and Venkatesan and 10 others. After filing of the FIR, no worthwhile investigation has been conducted. Hence, the present criminal original petition came to be filed seeking direction to the respondent Inspector of Police, Central Crime Branch-I, Chennai to complete the investigation and to file the final report.

6. This Court heard Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor. When this case has come up for hearing on an earlier occasion on 04.02.2026, this court has observed as follows:

                   ‘4.This Court is very much pained to see that a person/victim is made to run from pillar to post to get his case registered and made to approach this Court repeatedly to see progress in his case and to have his case see the light of the day and it is seen that only after the directions of this Court one after the other, the respondent-police have even registered the complaint.

                   5.It is seen that initially, the complaint was made in the year 2019 and the same was subsequently transferred and re-numbered in the year 2023 and this Court is unable to understand what prevented the respondent-police from filing a final report even after a lapse of about seven years.

                   6.In view of the above, the respondent-police is directed to file a detailed status report in this regard as to the stage of enquiry/investigation and the reason for such an inordinate delay.’

7. During the pendency of this criminal original petition, on 04.03.2026, one N.Mahendran, S/o.Mr.Navanathan has sent a representation making allegations against the petitioner that the petitioner is projecting a false case by suppressing the true facts.

8. Pursuant to the direction of this court vide order dated 04.02.2026 to file a status report, a status report dated 12.03.2026 has been filed, wherein apart from narrating the sequence of investigation, it was stated that the delay occurred in registering the FIR was due to the restrictions imposed during Covid 19 pandemic. The investigation so far conducted in this case has been narrated in the status report and further, three months time has been sought by the respondent for completion of the investigation.

9. In view of the above, the learned Additional Public Prosecutor also has submitted that the investigation will be completed within three months period and requested for the grant of three months time to complete the investigation and to file the final report as stated in the status report. The statement of the respondent to complete the investigation within a period of three months is recorded. Accordingly, the respondent police is granted three months time to complete the investigation and to file the final report in accordance with law and no further time will be granted. This criminal original petition is disposed of accordingly. No costs.

 
  CDJLawJournal