Murugan v. The Assistant Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22938 of 2025 & Crl.M.P.No.15675 of 2025
1. Murugan S/o.Palanivel, No.33/292, Kumbakonam Road, Panruti, Cuddalore - 607 106.
Petitioner(s) Vs
1. The Assistant Commissioner of Police, Central Crime Branch, Vepery, Chennai.(Crime No.40/2024) 2.The Inspector of Police Central Crime Branch, Vepery, Chennai. (Crime No.40/2024) 3.The Central Bureau of Investigation Represented by its Joint Director Chennai Zone, Rajaji Bhavan, Besant Nagar, Chennai.
Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to transfer the Case in Crime No.40 of 2024, pending investigation on the file of the 2nd Respondent and to the 3rd Respondent with a direction to conduct
effective investigation and file final report in accordance with law and pass such further order or other Orders as this Honble Court. For Petitioner :
Mr.K.Kannan For Respondents:
Mr.R.Vinodhraja, Government Advocate [Crl.Side]
ORDER
This Criminal Original Petition has been filed to transfer the Case in Crime No.40 of 2024, pending investigation on the file of the second respondent to the file of the third respondent with a direction to conduct effective investigation and file final report in accordance with law.
2. The case of the petitioner is that on the assurance of the first accused that required permits for setting up and operating of Red Sand Unit in Cuddalore District would be arranged by the accused, for which the first and second accused demanded a sum of Rs.2 crores for obtaining such permitsm the petitioner had parted the said sum to the accused. The accused also promised that the entire amount would be refunded in the event the permissions were not
granted, However, the accused had failed to obtain the required permits. When the petitioner demanded the amount, the accused had returned only Rs,24 lakhs and as the remaining amount has not been returned, the petitioner had lodged the complaint before the second respondent. Based on the complaint, though the First Information Report in Crime No.40 of 2024 has been registered for the offences under section 406, 420 and 34 IPC, there is no progress in the investigation. Hence, the present petition for the aforesaid relief.
3. The learned Government Advocate [Criminal Side] on instructions submitted that the investigation has almost been completed and the second respondent would file the final report within one month.
4. In such view of the matter, as the investigation has almost been completed and as the investigation is in the right direction, this Court is of the view that no transfer of investigation is required at this stage. Let the second respondent complete investigation and file the final report.
5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 19-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To 1.The Assistant Commissioner of Police, Central Crime Branch, Vepery, Chennai.(Crime No.40/2024) 2.The Inspector of Police Central Crime Branch, Vepery, Chennai. (Crime No.40/2024) 3.The Central Bureau of Investigation Represented by its Joint Director Chennai Zone, Rajaji Bhavan, Besant Nagar, Chennai.
N.SATHISH KUMAR J.
vrc 19-08-2025