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Madras High CourtCRL RC(MD)/636/2025disposed of

K.Shivakumar v. The State Of Tamil Nadu

2025-06-10Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Shivakumar ... Petitioner / Defacto Complainant Vs.

State of Tamil Nadu, Rep. through the Sub-Inspector of Police, Cyber Crime, CCD-III, Virudhunagar.

(CSR No.397/2025) ... Respondent / Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the entire records connected to the order dated 21.05.2025 in Crl.M.P. No. 588 of 2025 on the file of the learned Judicial Magistrate No.1, Virudhunagar.

For Petitioner : Mr.AK.Azagar Sami For R-1 : Mr.S.Ravi, Additional Public Prosecutor

ORDER

This Criminal Revision Petition is filed to call for the entire 1/5

records connected to the order dated 21.05.2025 in Crl.M.P. No. 588 of 2025 on the file of the learned Judicial Magistrate No.1, Virudhunagar.

2. The petitioner is the de facto complainant in a matter of online fraud, in which he was induced to invest a total amount of Rs. 68,70,000/- (Sixty Eight Lakhs and Seventy Thousand only) across 31 bank transactions into various accounts of unknown persons during the period between February and March 2025. On understanding that he is being defrauded, he lodged a complaint before the respondent cybercrime police, for which a CSR.No. 397 of 2025 came to be issued. Following which, the respondent police had freezed as many as 31 bank accounts in various banks. Seeking to return the amount which is lying in those accounts, an application was filed in Crl.M.P.No.558 of 2025 before the learned Judicial Magistrate No.1, Virudhunagar, which came to be dismissed by the impugned order dated 21.05.2025. Challenging the same, the present Criminal Revision Petition is filed.

3. When the matter came up for admission, the learned Additional Public Prosecutor Mr.S.Ravi submitted that the matter is under investigation and the case in crime No.17 of 2025 has been registered 2/5

for the offense under Section 318(4) of BNS and 66(5) of IT Act. However, the respondent police has no objection permitting the petitioner to receive the amount of Rs.28,85,246.62/- which is lying in the various 31 bank accounts which has been freezed.

4. The learned Judicial Magistrate passed the impugned order, dismissing the same on two grounds, more particularly, recording the objections raised by the respondent police and the petitioner for not having furnished the complete details of the beneficiaries of the accounts to which he had transferred the said amount of Rs. 68,70,000/-.

5. However, when the matter came up for admission before this Court, the learned Additional Public Prosecutor submitted that as of now, the respondent police do not have any objection in the petitioner getting back the available amount.

6. In view of the same, the respondent police is directed to take necessary steps to recover the amount from the respective 31 accounts and hand over the same to the petitioner within a period of eight (8) 3/5

weeks from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Revision Petition is disposed of. No costs.

10.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate No.1, Virudhunagar.

2.The Sub-Inspector of Police, Cyber Crime, CCD-III, Virudhunagar.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

L.VICTORIA GOWRI, J., Sml 10.06.2025 5/5