Madras High CourtCRL OP(MD)/11464/2025disposed of

Muthukumar v. State Of Tamil Nadu Rep. By Its Superintendent Of Police

2026-02-04Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Muthukumar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by the Superintendent of Police, Tenkasi District, Tenkasi.

2.The State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, Alangulam, Tenkasi District, Tenkasi.

3.The State of Tamil Nadu, Rep.by The Inspector of Police, Kadayam Police Station, Tenkasi District.

(Crime No.317/2024) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to directing the 1st respondent to transfer the investigation in Crime No.317 of 2024 from the 3rd respondent to the some other police agency within stipulated time fixed by this Court. 1/5

For Petitioner : Mr.C.Bharathi For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

ORDER

Seeking to direct the 1st respondent to transfer the investigation in Crime No.317 of 2024 from the 3rd respondent to the some other police agency, this criminal original petition is filed.

2. The petitioner has pledged the RC Book of his JCB with Sriram Finance Private Limited, Pavoorchatram on 25.02.2021 and availed a loan of Rs.5 Lakhs, which is to be repaid in 60 monthly installments. At this juncture, one Kombaiah, promised the petitioner to rent his JCB for a sum of Rs.50,000/- per month and he undertook to pay the EMI amount to the finance company. Believing the words of the said Kombaiah, the petitioner has handed over his JCB to him. Initially, he has paid a sum of Rs.15,000/- and a sum of Rs.1,10,000/- to the petitioner. Thereafter, they have neither paid the balance amount nor returned the JCB. Therefore, the petitioner has lodged a complaint before the third respondent police, based on which, a case in Crime No. 2/5

317 of 2024 for the offence under Sections 406 and 420 IPC has been registered, as against the accused persons. The grievance of the petitioner is that though the case has been registered in the year 2024, the respondent police has not recovered the JCB and they have not arrested the accused. Therefore, he seeks transfer of investigation.

3. Heard the learned counsels on either side and carefully perused the materials available on record.

4. Considering the facts and circumstances of the case, the 3rd respondent is directed to conclude the investigation as expeditiously as possible within a period of two (2) weeks from date of receipt of copy of this order.

5. With the above directions, this Criminal Original Petition is allowed.

04.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg 3/5

To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Deputy Superintendent of Police, Alangulam, Tenkasi District, Tenkasi.

3.The Inspector of Police, Kadayam Police Station, Tenkasi District.

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

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L.VICTORIA GOWRI, J.

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