N.C.Banumathy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. N.C.Banumathy W/o. Late K. Chakravarthy, Door No.135A, Mottur Village, Anankanallur Village, Gudiyatham Taluk, Vellore District.

2. C. Ranjithkumar Petitioner(s) Vs

1. The Superintendent of Police Vellore District, Vellore-632001.

2.The Deputy Superintendent of Police District Crime Branch, Vellore-632001.

3.The Inspector of Police District Crime Branch, Vellore 632001.

4.T.K. Baskar S/o. T.L. Krishnasamy Naidu, No89-A, kalleri Village, Kondusamudram, Gandhi Nagar Post, Gudiyatham Post, Gudiyatham Taluk, Vellore District 5.P.K. Venkatraman S/o. P.V. Kothandapani, No.3/307, 1st Street, 8th Cross, TNHB Phase-1, sathuvacherry, Vellore.

Respondent(s) PRAYER

To set aside the order dated 25.08.2025 made Crl.M.P.No.9949 of 2025 on the file of the JM No.V, Vellore and direct the respondents 1 to 3 to register the complaint dated 10.05.2025 submitted by the 1st Revision Petitioner For Petitioner(s):

S. Thirumavalavan C. Krithiga S. Surendran V. Prasanna For R1 to R3 :

Dr.C.E. Pratap, Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed to set aside the order dated 25.08.2025 made Crl.M.P.No. 9949 of 2025 on the file of the Judicial Magistrate No. V, Vellore and direct the respondents 1 to 3 to register the complaint dated 10.05.2025 submitted by the 1st Revision Petitioner.

2. The petitioners herein filed the application under Section 173(4) of BNSS seeking direction to register a First Information Report against fourth and fifth respondent herein. The case of the petitioners are that first petitioner is the mother of the second petitioner herein. The first petitioner entered into a sale agreement with the fourth respondent herein on 19.11.2024 to purchase the immovable property and fixed a sum of Rs.5,22,54,600/- as sale consideration and paid a sum of Rs.22,00,000/- as advance amount through cash as well as through bank transaction and six months time was fixed to complete the sale. Thereafter, she paid a sum of Rs.3,00,000/- by way of cash and paid a sum of Rs.25,00,000/-, Rs.40,00,000/- and Rs.10,00,000/- through bank transfer, totally the 1st petitioner had paid a sum of Rs.1,00,00,000/- to the four respondent to

that effect endorsement was made in the sale agreement dated 19.11.2024. While so, in order to cheat the petitioners 4th respondent entered into sale agreement on 16.12.2024 with 5th respondent for a sum of Rs.1,50,00,000/-. Thereafter, the fifth respondent refused to return back the amount. Hence, the petitioners filed the private complaint before the Trial Court but without considering the above fact the Trial Court dismissed the application based on the report submitted by the Station House Officer. Aggrieved over the same, the petitioners filed this appeal.

3. The learned counsel for the petitioner submits that without considering the fact that the petitioner was cheated by the 4th respondent, the Station House Officer simply stated that it is unregistered sale agreement with certain terms and conditions are violated and the remedy is open to the complainant before the Civil Court. However, the records show that the fifth respondent has committed forgery and cheated the petitioner. Based on the report of the Station House officer, the Trial Court dismissed the application as such is erroneous and liable to be set aside.

4. Considering the facts and circumstances of the case though it is an unregistered sale agreement, there is a prime facie material against the 4th respondent that he had received more than crores from the first petitioner through RTGS to his bank account. Hence, it requires detailed investigation and third respondent is directed to register FIR and investigate the case as per manner known to law. The order dated 25.08.2025 passed by the Judicial

Magistrate No. V, Vellore, in Crl.M.P.No. 9949 of 2025 is set aside.

5. Accordingly, this Criminal Revision Case is disposed of. 22-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate No. V, Vellore.

2.The Superintendent of Police Vellore District, Vellore-632001.

3.The Deputy Superintendent of Police District Crime Branch, Vellore-632001.

4.The Inspector of Police District Crime Branch, Vellore 632001.

5. The Section officer, V. R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 1779 of 22-09-2025