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Madras High CourtCRL OP(MD)/16350/2025disposed of

G.Mohanlal Golecha v. The State Of Tamil Nadu

2025-09-25Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD) No.16350 of 2025 G.Mohanlal Golecha ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Commissioner of Police, Madurai City, Alagarkovil Main Road, Madurai.

2. The State of Tamil Nadu, Represented by the Assistant Commissioner of Police, City Crime Branch, Madurai City, Madurai.

3. The State of Tamil Nadu, Represented by the Inspector of Police, City Crime Branch, Madurai City, Madurai.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to issue a direction to the 1st Respondent to issue a direction to withdraw the case in Cr.No.35 of 2025 on the file of the 3rd Respondent Police and entrust the same to any officer for investigation for fair and free investigation based on the representation of the petitioner, dated 02.09.2025. 1/4

For Petitioner : Mr.P.Banuprasath For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the 1st Respondent to transfer the case in Crime No.35 of 2025 from the file of the 3rd Respondent Police to any other Investigation Officer for fair investigation based on his representation, dated 02.09.2025.

2. It is the case of the petitioner that he had lodged a complaint in Crime No.35 of 2025 stating that the accused in the said complaint had cheated him during the course of business transactions to the tune of Rs.42,00,000/-; and that the respondents are not conducting an investigation in an effective manner.

3. It is too premature to now hold that the respondents are not conducting the investigation in the proper manner. Therefore, this Court finds no reason to transfer the investigation. The respondents may conduct the investigation and file the Final Report in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. It is needless to say that if the petitioner is aggrieved by the result of the investigation, it is open to him to 2/4

challenge the same in the manner known to law.

4. With the above direction, this Criminal Original Petition is disposed of.

25.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To

1. The Commissioner of Police, Madurai City, Alagarkovil Main Road, Madurai.

2. The Assistant Commissioner of Police, City Crime Branch, Madurai City, Madurai.

3. The Inspector of Police, City Crime Branch, Madurai City, Madurai.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16350 of 2025 25.09.2025 4/4