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Madras High CourtCRL OP/8795/2026disposed of

Ajith Kumar v. The Commissioner Of Police

2026-04-08Honourable Mr Justice M. Nirmal Kumar9 pages

Crl.OP.No.8795 of 2026 M.NIRMAL KUMAR, J.

The matter is listed today under the caption "For Being Mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that in the operative portion of the order dated 08.04.2026 in Crl.OP.No.8795 of 2026, it was inadvertently typed as "dismissed" instead of "disposed of" and sought correction of the same.

3. In view of the above submission, the Registry is directed to carry out the said correction and issue a fresh order copy to the parties forthwith. In all other aspects, the order dated 08.04.2026, shall remain unaltered. 29.04.2026 pvs

M.NIRMAL KUMAR, J.

PVS Crl.OP.No.8795 of 2026 29-04-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 8795 of 2026 Ajith Kumar S/o A.Srinivasan, Proprietor, M/s.Akshya T.A. Silvers No.328, Omalur Main Road, Salem-636004 ..Petitioner(s) Vs

1. The Commissioner of Police Opposite Fathima School, Sankagiri main Road, Annathanapatti, Salem - 636006.

2. The Assistant Commissioner of Police Central Crime Branch (CCB), Salem City, Salem.

3. The Inspector of Police Central Crime Branch Police Station(CCB), Salem City, Salem ..Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS Act, 2023 to issue direction directing the third respondent herein to comply the order and to file final report as per the order passed by the Hon'ble Judicial

Magistrate II Salem by an order dated 06.02.2026 in Crl.M.P.No.4365 of 2025 and pass such further orders.

For Petitioner(s):

Mr.A.M.Esakkiappan For Respondent(s):

Mr.LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR

ORDER

The petitioner had filed this petition seeking direction directing the third respondent to comply with the order passed by the Judicial Magistrate No.II Salem, dated 06.02.2026 in Crl.M.P.No.4365 of 2025. 2.The contention of the petitioner is that the petitioner is the proprietor of M/s.Akshya T,A. Silvers, Salem. The petitioner had a business relationship with Dilip Motilal Jain, Proprietor of M/s. Durga Chain, Mumbai. The petitioner had appointed Durga Chain as a Regional Distributor and they had multiple business transactions. A dispute arose in the year 2024 between the petitioner and Dilip Motilal Jain, following which, the petitioner demanded the settlement of accounts and repayment of the amount. Earlier there was an execution conducted by the petitioner. On the request of Dilip Motilal Jain and in

connection with the said execution, the petitioner invested to the tune of 2659.630 grams of gold along with 764.430 grams of pure gold. Later, it was found that there was some improper accounting, missing of Gold and misappropriation. Hence, a complaint was lodged. Dilip Motilal Jain paid Rs.30 lakhs and though he admitted to pay the balance amount, he has not made any payment. Thereafter, a complaint was made to the Judicial Magistrate. The Magistrate forwarded the complaint and thereafter, the respondent had not taken any action. Hence, the present petition.

3.The learned Additional Public Prosecutor appearing for the respondents submitted that the order of the Magistrate is that the investigation officer shall proceed with the investigation or otherwise, proceed in the manner prescribed by law and it was only prima facie case is made out. During enquiry, it was found that the petitioner and Dilip Motilal Jain had a business transactions and that there had been some misappropriation and dispute between them. Since the cause of action arose at Chennai, the complaint has been forward to the Commissioner of Police, Chennai for further action and he has produced the letter in this regard, which is scanned and extracted below:

and it is for the petitioner to approach the Commissioner of Police for further action in this regard.

Recording the same, the criminal original petition is dismissed. 08-04-2026 Index: Yes/No Speaking/Non-speaking order sms

To

1. The Commissioner of Police Opposite Fathima School, Sankagiri main Road, Annathanapatti, Salem - 636006,

2. The Assistant Commissioner of Police Central Crime Branch (CCB), Salem City, Salem

3. The Inspector of Police Central Crime Branch Police Station, Salem City, Salem.

4.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

sms CRL OP No. 8795 of 2026 08-04-2026