← Library
Madras High CourtCRL OP/18940/2025disposed of

S.Bosco Arulraj v. The Superintendent Of Police

2025-07-09Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18940 of 2025 and Crl.M.P.No. 12769 of 2025 S.Bosco Arulraj ... Petitioner Vs

1. The Superintendent of Police, O/o the Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Sub Inspector of Police, Cyber Crime Police Station, Kanchipuram District, Kanchipuram.

3. S.Selvakumar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records in Crime No.23 of 2023 dated 05.09.2023 on the file of Cyber Crime Police Station, Kanchipuram and to quash the same.

For Petitioner : Mr.D.S.Ravi Kumaar For R1 & R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.23 of 2023 dated 05.09.2023 on the file of Cyber Crime Police Station, Kanchipuram and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. Since no adverse order is being passed against the third respondent, notice to the third respondent is dispensed with.

4. Based on the complaint, the respondent-Police registered an F.I.R in Crime No.23 of 2023 on 05.09.2023. Pending F.I.R, the petitioner had already filed Crl.O.P.No.25758 of 2023 seeking a direction only not to harass the petitioner, wherein the petitioner has submitted that even without conducting enquiry the respondent-Police had instructed the Banker to freeze the account. The petitioner has not

challenged the F.I.R in the said Crl.O.P.No.25758 of 2023. After two years, the petitioner has filed the present petition for quashing of F.I.R in Crime No.23 of 2023 on the ground that the dispute is civil in nature. On a reading of F.I.R, it is seen that prima facie allegations are available as against the petitioner. The petitioner is not entitled to the relief sought for in this petition.

5. Considering the facts and circumstances of the case, this Court directs the respondent-Police to complete the investigation and file a charge sheet within a period of two months.

6. With the abovesaid direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 09.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police, O/o the Superintendent of Police, Kanchipuram District, Kanchipuram.

2. The Sub Inspector of Police, Cyber Crime Police Station, Kanchipuram District, Kanchipuram.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18940 of 2025 and Crl.M.P.No. 12769 of 2025 09.07.2025