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Madras High CourtCRL RC/2177/2025allowed

Ramesh Babu v. The State Rep By, The Inspector Of Police,

2025-10-29Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Ramesh Babu S/o.Ram Bahudur (Late), No.5742, 8th Street, TN Slum Clearance Board House, Semmanchery, Chennai-119.

Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, Bank Fraud Team-XII, CCB, Chennai.

Cr.No.24/2022.

Respondent PRAYER Criminal Revision Case filed under Section 438 r/w 442 of BNSS, praying to set aside the order dated 17.09.2025, passed in Crl.M.P.No.1296/2025, in CC No.5317/2023, by the Learned Metropolitan Magistrate for Exclusive Trial of CCB and CBCID Metro Cases, Egmore, Chennai and direct the respondent to de-freeze the petitioners Bank Account No.10076859017, M/s.IDFC First Bank, Egattur Branch, frozen in connection with Cr.No.24/2022, and pass such further orders or other orders as this Honble Court.

For Petitioner(s):

Mr.M.Govindaraju

For Respondent(s):

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

ORDER

The petitioner has filed this Criminal Revision case, prays to set aside the order dated 17.09.2025, passed in Crl.M.P.No.1296/2025, in CC No.5317/2023, by the Learned Metropolitan Magistrate for Exclusive Trial of CCB and CBCID Metro Cases, Egmore, Chennai and direct the respondent to de-freeze the petitioners Bank Account No.10076859017, M/s.IDFC First Bank, Egattur Branch, frozen in connection with Cr.No.24/2022,

2. The learned counsel for the petitioner submits that the petitioner is an employee of A7, who is a bona fide purchaser of the property in question. Based on the complaint lodged by the defacto complainant against about 13 accused persons, an FIR was registered alleging land grabbing, by way of impersonation and fabrication of forged documents, in order to unlawfully transfer the property belonging to the defacto complainant.

3. During the enquiry, based on the said complaint, the District Registrar conducted an investigation regarding the alleged fabrication of records and passed an order on 08.03.2022, wherein it was concluded that the alleged sale deed was fabricated and that the property belonging to the defacto complainant had been fraudulently transferred to the accused persons through forged documents, including the Power of Attorney and Sale Deed executed in the year 2021 (Document Nos.2262/2021,4972/21,2263/21 & 3351/2021). All such documents were held to be fabricated, and suitable endorsements were made in the concerned registers.

4. As on date, according to the petitioner, those fabricated documents have been cancelled, and the title of the defacto complainant has been restored. The petitioner states that since he was merely an employee of A7, he has been falsely implicated as A11, on the allegation that he had conspired with the other accused in the fabrication of the records.

5. During the course of investigation, the respondent police froze the petitioner's bank account maintained at M/s.IDFC First Bank, Egattur Branch. The learned counsel for the petitioner submitted that an application was filed before the Trial Court seeking defreezing of the said account, but the same was dismissed on the ground that the investigation was still pending. Hence, the present revision has been filed.

6. On a perusal of the records, it reveals that the disputed documents have already been cancelled by the District Registrar, holding that they were fabricated. The petitioner, who is ranked as A11, has been implicated solely on the basis that he is a friend and employee of A7. It is also admitted that A7 claimed to be a bona fide purchaser and that, as on date, the sale deeds have been cancelled, and A7 has been discharged from the proceedings by the Trial Court. Furthermore, the amount involved in the transaction has already been remitted to the concerned bank where the fraudulent loan was obtained. The final report has also been filed in this case.

7. Considering the above circumstances, this Court is inclined to set aside the findings of the Trial Court and direct the respondent police to defreeze the petitioner's bank account as prayed for.

8. Accordingly, the Criminal Revision Case is allowed. 29-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri To 1.The State Rep by, The Inspector of Police, Bank Fraud Team-XII, CCB, Chennai.

Cr.No.24/2022.

2. The Metropolitan Magistrate for Exclusive Trial of CCB and CBCID Metro Cases, Egmore, Chennai.

3. M/s.IDFC First Bank, Egattur Branch.

T.V.THAMILSELVI J.

rri CRL RC No. 2177 of 29-10-2025