Maheshwari.V v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2025
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA V.Maheswari ... Petitioner Vs.
1.
The Commissioner of Police, Office of the Commissioner of Police, Tambaram City, Sholinganallur.
The Deputy Commissioner of Police, CCB Tambaram, Sholinganallur.
The State represented by, The Inspector of Police, CCB Tambaram.
The State represented by, The Inspector of Police, CBCID, Chennai.
... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the first respondent police to transfer the investigation in Crime No.21 of 2024 dated 15.03.2024 on the file of the third respondent to the fourth respondent. 1/5
For Petitioner : Mr.C.Raghavan For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side)
O R D E R
This Criminal Original Petition has been filed seeking a direction to the first respondent Police to transfer the investigation in Crime No.21 of 2024 from the file of the third respondent to the file of the fourth respondent.
The case of the petitioner is that she had lodged a complaint alleging that the accused had cheated her to the tune of Rs.1,46,60,000/-. Based on the said complaint, a case in Crime No.21 of 2024 was registered by the third respondent on 15.12.2024 for the offences under Sections 406 and 420 of IPC and Sections 21(3) and 5 of the Banning of Unregulated Deposit Schemes Act, 2019 and Section 5 of the TN Protection of Interest of Depositors (In Financial Establishment) Act, 1997. Since, the investigation has not been conducted in a proper manner by the third respondent, the present petition has been filed seeking transfer of investigation. 2/5
Per contra, the learned Government Advocate (Criminal Side) submitted that based on the complaint given by the petitioner/de facto complainant, a case in Crime No.21 of 2024 was duly registered by the third respondent police. He further submitted that as the petitioner was pregnant, the third respondent police were unable to summon her for the purpose of investigation and that if the petitioner appears before the respondent police, a thorough investigation would be conducted. He also submitted that now the cap has been raised to a sum of rupees three crores and therefore, the case cannot be transferred to the file of the Economic Offences Wing. He also submitted that a notice under Section 35(3) of BNSS (corresponding to Section 41A Cr.P.C.)
has been issued to the accused and the investigation is being conducted by the third respondent in a fair and proper manner. Having heard the learned counsel appearing on either side and upon perusal of the materials available on record and taking note of the fact that the case has been pending from the year 2024, this Court directs the third respondent police to expedite the investigation and ensure that the final report is filed within a period of four months from the date of receipt of a copy of this order. The Assistant Commissioner of Police, CCB shall monitor the investigation and ensure that the directions of this Court are strictly complied with.
3/5
5.
With the above directions, the Criminal Original Petition stands closed.
17.12.2025 ham To 1.
The Commissioner of Police, Office of the Commissioner of Police, Tambaram City, Sholinganallur.
The Deputy Commissioner of Police, CCB Tambaram, Sholinganallur.
The Inspector of Police, CCB Tambaram.
The Inspector of Police, CBCID, Chennai.
5.
The Public Prosecutor, High Court of Madras.
Copy to, The Assistant Commissioner of Police, CCB, Tambaram. 4/5
A.D.JAGADISH CHANDIRA , J.
ham 17.12.2025 5/5