Madras High CourtWP/17665/2025closed

Vaithilingam v. The Chief Secretary To Government,

2025-06-09Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Vaithilingam .. Petitioner

Versus

1. The Chief Secretary to Government, Government of Pondicherry, Secretariat, Pondicherry.

2. The Director General of Police, O/o. Director General of Police, Pondicherry.

3. The Senior Superintendent of Police, O/o. Senior Superintendent of Police, Pondicherry.

4. The Station House Officer, Cyber Crime Police Station, Puducherry.

5. The Joint Director and Head of Zone, The Central Bureau of Investigation, III Floor, E.V.K., Sampath Building, College Road, Chennai - 600 006.

6. Saravanan .. Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st and 2nd respondents to transfer the proceedings vide 22003/08/2023-14C, dated 11.03.2025 and P.No.1430/Sec/Home/CS/25, dated 13.03.2025 pending on the file of the 4th respondent to 5th respondent and further fix the time frame to complete the proceedings 22003/08/2023-14C, dated 11.03.2025 and P.No.1430/Sec/Home/CS/25, dated 13.03.2025 in accordance with law. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.K.S.Mohandoss, Public Prosecutor (Pondicherry), for RR-1 to 4 : Mr.K.Srinivasan, Special Public Prosecutor (CBI), for R5

ORDER

This Writ Petition is filed for a direction to transfer the proceedings, dated 11.03.2025 and 13.03.2025 on the file of the fourth respondent to the file of the fifth respondent.

2. Upon hearing Mr.P.Muthamizh Selvakumar, the learned Counsel for the petitioner, the grievance of the petitioner is that with reference to certain online fraud, when monies have come to the petitioner's account and the 2/6

petitioner being arrayed as an accused in various cases and he is being remanded to custody, it is the case of the petitioner that the petitioner's KYC documents have been misused by somebody and neither the petitioner was involved in opening of those accounts nor he meddled with those monies. With that allegation, he lodged a complaint with the fourth respondent and they have not investigated the same properly. Therefore, the investigation has to be transferred from the file of the fourth respondent to file of the fifth respondent.

3. When the matter is taken up for hearing, the learned Public Prosecutor for the fourth respondent would submit that the complaint of the petitioner is taken as a petition and upon enquiry, no offence was made out and as such, stood closed. In view thereof, there is no question of acceding the prayer of the petitioner to transfer the proceedings to the file of the fifth respondent. If the petitioner is aggrieved of closing of the complaint, he can take proceedings in the manner known to law.

4. With the said liberty kept open to the petitioner, this Writ Petition is closed. There shall be no order as to costs. 3/6

09.06.2025 : no grs 4/6