G.Balamurugan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA G.Balamurugan ..Petitioner(s) Vs The State Rep. by Inspector of Police, City Crime Branch, Coimbatore City, Coimbatore.

..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the respondent police to file the Charge Sheet in Crime No.2 of 2018. For Petitioner(s):

Mr.B.Thirumalai For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent to file the final report in Crime No.2 of 2018, pending on the file of the respondent.

2.

This Court, finding that the case has been registered in the year 2018 and had remained pending without the filing of the final report, passed the following order on 29.01.2026:

This criminal original petition has been filed seeking to direct the respondent-police to file a Charge Sheet in respect of the FIR in Crime No.2 of 2018, pending on its file.

2. While dealing with this portfolio, this Court has come across several cases where final report has not been filed, despite a lapse of several years from the date of registration of FIR. Even in the present case, the FIR has been registered as early as on 10.01.2018, however, till date, the final report has not been filed, even after a lapse of about eight (8) years and this Court is unable to understand what prevented the respondent-police from filing a final report/charge sheet.

3. Mr.S.Santhosh, learned Government Advocate (Criminal Side) takes notice on behalf of the respondentpolice and he submitted that the case has since been transferred to the file of the Cybercrime Wing, Coimbatore and hence, time may be granted to file a counter in this regard.

4. In view of the above, this Court directs the Deputy Commissioner of Police, Cybercrime Wing, Coimbatore, to appear before this Court on the next date of hearing ie.,

04.02.2026, along with the details of the cases which are pending for filing of the final report, beyond a period of five years from the date of registration of FIR in the Cybercrime Wing, Coimbatore.

5. Post the matter on 04.02.2026.

3.

Today, Ms.M.P.Dhivya, the Deputy Commissioner of Police, Head Quarters, Coimbatore city, who is also the Deputy Commissioner of Police of Cyber Crime Wing, is present before this Court and she has filed a status report and the relevant portion of the status report is extracted hereunder: "2.It is most respectfully submitted that I am having administrative control over the Cyber Crime Police Station, Coimbatore city and I am well acquainted with the facts and circumstances of the case and hence, competent to file the report as directed by the Hon'ble High Court order dated 29.01.2026 in pursuant to the Crl.O.P.No.1854/2026.

3.It is most respectfully submitted that this Hon'ble Court was pleased to pass the above said order dated 29.01.2026 in Crl.O.P.No.1854/2026 that "This Court directs the Deputy Commissioner of Police, Cyber Crime Wing, Coimbatore to appear before this Court on the next date of hearing i.e., 04.02.2026, along with the details of the cases which are pending for filing of the final report,

beyond a period of five years from the date of registration of FIR in the Cyber Crime Cell, Coimbatore".

4.It is most respectfully submitted that on 10.01.2018, a complaint was received from Tr.G.Balamurugan, Age 29, S/o. Ganesan, D.No.20/20 Oruvapatti Kattuvalavu, Chittur, Edapadi, Salem District stating that he had registered his profile in Bharat Matrimonial (ID:M4408634). The accused A1 Mythili venkatesh conspired with her mother A2, Chitra, her father A3 Prasanna Vengatesh and her brother A4 Subash and created fake profile (ID:M4938999) in Bharat Matrimonial website and sent her interest request to complainant's Matrimony ID with intend to cheat him. In continuation, accused Mythili venkatesh and her associates gave false assurance to the defacto complainant to marry him and received amount totally Rs.41,14,062/- from him on various dates for various false reasons and cheated hm. In this regard, said case was registered in the City Crime Branch I, Coimbatore vide Crime No.02/2018 U/s.120B, 419, 420 IPC, 1860 and Section 66D, Information Technology Act, 2000 on 10.01.2018 and investigated.

5.It is most respectfully submitted that the following case was subsequently transferred to the Cyber Crime Police Station, Coimbatore City for further investigation in the year of 2021. It is most respectfully submitted that it is the only one case which was pending for more than 5 years in the Cyber Crime Police Station, Coimbatore City.

6.It is most respectfully submitted that the accused filed a complaint in the Directorate of Vigilance and Anti-Corruption and subsequently a detailed enquiry was ordered vide DE30/2021/POL/CB on 14.12.2020. In this connection, Case Diary file was handed over to the Vigilance and Anti-Corruption Detachment, Coimbatore on 03.03.2021 and the same was returned on 29.10.2024. 7.It is most respectfully submitted that the following case was subsequently transferred to the Cyber Crime Police Station, Coimbatore City for further investigation. It is most respectfully submitted that it is the only one case which was pending for more than 5 years in the Cyber Crime Police Station, Coimbatore City.

8.It is most respectfully submitted that I have taken charge as Deputy Commissioner of Police, Headquarters, Coimbatore City on 04.09.2025. Upon assuming charge, I reviewed the pendency of cases in the Cyber Crime Police Station and in order to ensure expeditious disposal, issued specific instructions to the Inspector of Police, Cyber Crime Police Station, to complete the investigation at the earliest, obtain necessary legal opinion and file the final report/ charge sheet without delay, vide memorandum in C.No.153/DC HQRS/CBE City/2025, dated 15.10.2025. In response to the said memorandum, the Inspector of Police, Cyber Crime Police Station, Coimbatore City, submitted a reply on 25.10.2025 stating that Tmt.Rekha, WHC No.2613, was deputed exclusively for the purpose of obtaining legal opinion and for arranging and compilation of documents

relating to the case diary file.

9.The said Inspector of Police obtained the legal opinion on 28.01.2026 and filed the charge sheet after the full-fledged investigation on 31.01.2026 and the same was taken on file in C.C.No.502/2026 dated 06.03.2026." 4.

The learned Government Advocate (Crl.Side) for the respondent submitted that the accused had earlier filed a complaint before the Directorate of Vigilance and Anti-Corruption and subsequently, a detailed enquiry was ordered by the Vigilance Department on 14.12.2020 and on the request of the Vigilance Department, the entire CD file was handed over to the Vigilance Department on 03.03.2021 and the same was returned to the respondent on 29.10.2024. He further submitted that despite the lapse of two years, the Deputy Commissioner has issued a memo to the Inspector of Police, Cyber Crime Police Station, Coimbatore City. He also submitted that the investigation has been completed, final report has been filed and the same has also been taken cognizance in C.C.No.502 of 2026 on the file of the Judicial Magistrate No.IV, Coimbatore and posted to 06.03.2026.

5. The status report filed by the Deputy Commissioner of Police, Head Quarters, Coimbatore City is taken on record.

6. Satisfied with the status report, wherein, it has been stated that final report has been filed and the same has also been taken cognizance in C.C.No.502 of 2026 on the file of the Judicial Magistrate No.IV, Coimbatore, this Criminal Original Petition stands closed. 04-02-2026 Index: Yes/No Speaking/Non-speaking order VKR 1.The Judicial Magistrate No.IV, Coimbatore.

2.The Deputy Commissioner of Police, Head Quarters, Coimbatore city.

3.The Inspector of Police, City Crime Branch, Coimbatore City, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 04-02-2026