Madras High CourtCRL OP/20633/2025dismissed as infructuous

B.Suryakumar v. State Rep.By Deputy Commissioner Of Police-Ii,

2025-07-23Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN B.Suryakumar S/o.P.Babu, Plot No.9 and 10, D.No.S1, 1st Cross Street, Andal Thottam, Ramapuram, Chennai-600 089.

Petitioner Vs

1. State rep.by The Deputy Commissioner of Police-II, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai-600 007.

Respondent(s) 1/6

PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to direct the first respondent or the second respondent to register the First Information Report under sections 406, 420, 120-B, 34 and 506 (1) of the IPC, in view of the order passed in Crl.MP.No.45712 of 2024 and to take action in accordance with law.

For Petitioner(s):

M/s.M.Senthil Kumar For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the first or the second respondent to register the First Information Report for the offences under Sections 406, 420, 120-B, 34 and 506 (1) of the IPC, in view of the order dated 18.10.2024 passed in Crl.MP.No.45712 of 2024 by the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai, and to take action in accordance with law.

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

3. On a perusal of the records, it is seen that the petitioner had already filed a petition under Section 156(3) of Cr.P.C., in Crl.M.P.No.45712 of 2024 before the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai) and CB-CID Metro Cases, Egmore, Chennai, seeking a direction to the respondents-Police to register F.I.R as against the accused persons. The learned Magistrate, vide order dated 18.10.2024, directed the respondents-Police to enquire the matter and if prima facie case is made out/cognizable offence exists, direct them to register the F.I.R and to file a necessary report.

4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondents-Police submitted that based on the petitioner/ de-facto complainant 's complaint and 3/6

also in view of the order dated 18.10.2024 passed in Crl.M.P.No.45712 of 2024, the respondents-Police registered a case in Crime No.130 of 2025, as against the accused persons, for the offences under Sections 406, 409, 420 and 120-B and 34 of the IPC, on 23.07.2025.

5. In view of the above submission, this Criminal Original petition is dismissed as having become infructuous.

23-07-2025 mfa Index:Yes/No Speaking order: Yes/No Internet:Yes Neutral Case Citation:Yes/No 4/6

To 1.The Deputy Commissioner of PoliceII, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai-600 007.

2.The Inspector of Police, Central Crime Branch, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3. The Public Prosecutor, High Court, Chennai.

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P.VELMURUGAN J.

mfa CRL OP No. 20633 of 23-07-2025 6/6