A.Manjula Arulmozhi v. P.Gunasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Manjula Arulmozhi .....

Petitioner Vs 1.P.Gunasekar 2.State by Inspector of Police, Cyber Crime Wing, CCD-II, Ranipet P.S., Ranipet.

.....

Respondent PRAYER: Criminal Revision Case is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 05.12.2024 passed in CMP No.3326 of 2024 on the file of the learned Judicial Magistrate, Ranipet, and de-freeze the account insofar as it pertains to the petitioner's ICICI Bank Account bearing No.603701520336, wherein an amount of Rs.1,82,900/- has been marked as disputed and the said account has been frozen, and to retransfer and restore the amount of Rs.1,82,900/- which was debited.

For Petitioner : Mr.T.Hari Hara Sudhan For R1 : Mr.M.S.Sriraam For R2 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed challenging the order dated 05.12.2024 passed in CMP No.3326 of 2024 on the file of the learned Judicial Magistrate, Ranipet, thereby directed to reverse a sum of Rs.2,52,004/- from various third parties account.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen from the records reveals that though the petitioner is not an accused in Crime No.37 of 2023, which was registered for the offence punishable under Section 66D of Information Technology Act r/w 420 of IPC, it is alleged that the petitioner was defrauded a sum of Rs.15,93,840/- through online scam. Out of the said amount, he had received only a sum of Rs.10,080/-. The remaining amount was fraudulently collected by the fraudsters and credited into various bank accounts, including the petitioner's account.

4. Insofar the petitioner's account is concerned, a sum of Rs.1,07,448/- was transferred from his account and as such, the Trial Court directed that the said amount of Rs.1,07,448/- be reverted to the petitioner's

account from the account of the first respondent.

5. In view of the above, this Court is not inclined to interfere with the order dated 05.12.2024 passed in CMP No.3326 of 2024 on the file of the learned Judicial Magistrate, Ranipet. Accordingly, this Criminal Revision Case stands dismissed.

6. It is made clear that the petitioner is permitted to operate his bank account, insofar as the remaining amount is concerned. However, during the course of investigation, if any further deposit is found to have been fraudulently credited to the petitioner's account, the second respondent is at liberty to proceed in accordance with law.

23.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. Judicial Magistrate, Ranipet,

G.K.ILANTHIRAIYAN, J.

Lpp

2. The Inspector of Police, Cyber Crime Wing, CCD-II, Ranipet P.S., Ranipet.

3. The Public Prosecutor, High Court, Madras.

23.07.2025