A.M.I.Abdulrazak v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2026
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA A.M.I.Abdulrazak, Managing Partner, M/s. Arkleen Engineering and Construction, Krishnagiri House, No.5/66-1A, Butt Lane, St. Thomas Mount, Chennai - 600 016.
...Petitioner
Vs.
1.
The Assistant Commissioner of Police, EDF-1 Wing, Central Crime Branch, Vepery, Chennai.
2.
State by:
The Inspector of Police, EDF-1 Wing, Central Crime Branch, Vepery, Chennai.
...Respondents
Criminal Original Petition filed under Section 528 of BNSS, 2023 to transfer the investigation of Crime No.134 of 2024, pending on the file of the 2nd respondent to any other investigating agency. For Petitioner : Mr.A.P.Sathyamurthy For Respondents : Mr.S.Santhosh, GA(Crl. Side) 1/6
ORDER
This criminal original petition has been filed seeking to transfer the investigation in Crime No.134 of 2024, pending on the file of the 2nd respondent to any other investigating agency.
2. Learned counsel for the petitioner submitted that based on the complaint given by the petitioner, an FIR in Crime No.134 of 2024 came to be registered on the file of the 2nd respondent for the offences under Sections 406, 420, 465, 468, 471, 120B and 34 of IPC as against two named accused and others as early as on 18.10.2024. However, the 2nd respondent did not take appropriate steps either to arrest the accused persons or to recover the amount, despite the fact that the petitioner was cheated amounts to the tune of Rs.1,80,00,000/- (Rupees One Crore Eighty Lakhs only). Accordingly, he prayed for appropriate orders of this Court transferring the investigation in Crime No.134 of 2024, pending on the file of the 2nd respondent to any other investigating agency.
3. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondents filed a detailed status report before this Court and 2/6
submitted that the respondent police, after recording the petitioner's statement registered a complaint against A1 & A2 and obtained CDRs of the suspected mobile numbers and also have taken steps to freeze the bank account of the accused persons. He further submitted that the respondent police have taken every endeavour to go to West Bengal to arrest A2, however, he was subsequently released on statutory bail, despite the strong objection made by the respondent-police. Hence, it is not fair on the part of the petitioner to state that the respondent police are not conducting a proper enquiry. Accordingly, he prayed for dismissal of this petition.
4. Heard the learned counsel on either side and perused the materials available on record.
5. On a perusal of the materials placed on record, particularly the status report, this Court is of the view that the respondent police have taken genuine efforts to investigate into the complaint made by the petitioner by calling for the bank statements of the accused persons and other suspected persons and by calling for their CDRs and further issued letter to Director of Rajmahal Coal Mining Ltd., for appearance of certain persons and though 3/6
the alleged occurrences have taken place outside the State of Tamil Nadu, the respondent police have summoned the suspected persons through proper channel and recorded their statements and also recorded the statements of the bank officials and also freezed the bank accounts of A3 and his wife. Hence, this Court is of the view that the investigation has been done in an effective manner and therefore, the case need not be transferred to any other investigating agency.
6. In view of the above, this criminal original petition stands disposed of with a direction to the 2nd respondent police to complete the investigation in Crime No.134 of 2024 and file a final report within a period of three (3) months from the date of receipt of a copy of this order.
7. Further, this Court hastens to add that the 1st respondent shall monitor the investigation in this case.
07.01.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6
To:
1.
The Assistant Commissioner of Police, EDF-1 Wing, Central Crime Branch, Vepery, Chennai.
2.
The Inspector of Police, EDF-1 Wing, Central Crime Branch, Vepery, Chennai.
3.
The Public Prosecutor, Madras High Court.
5/6
A.D.JAGADISH CHANDIRA, J.
skt 07.01.2026 6/6