Crl.RC.No.2281 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.2281 of 2024 K.P.Jayakumar ... Petitioner Vs. 1. State rep. by The Inspector of Police E1-Mylapore Police Station Chennai (Crime No.163 of 2024) 2. Muhammed Ameen 3. Mohammed Kabil Kalam 4. Mohammed Umar Abdul Nizham 5. Abdul Azeez (R2 to R5 impleaded as per order dated 10.01.2025 in Crl.MP.No.454 of 2025 in Crl.RC.No.2281 of 2024 ... Respondents Prayer: Criminal Revision Case filed under under Section 401 of Criminal Procedure Code, to call for records and set aside the order passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P.No.15689 of 2024 dated 21.11.2024. 1/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 For Petitioner : Mr.S.Abu Backer Sidhic For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor For Respondents 2 to 5 : Mr.K.Premkumar ORDER This Criminal Revision Case has been filed by the petitioner to set aside the order passed by the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P.No.15689 of 2024 dated 21.11.2024. 2. Heard both sides and perused the materials available on record. 3. The case of the petitioner is that based on the false complaints given by the 2 nd respondent, the FIR in Crime No.278 of 2023 on the file of the CCB Police, Vepery, Chennai for the offence under Sections 406, 420 read with 120B and 34 IPC and in Crime No.04 of 2024 on the file of the CCB Police, Avadi, Chennai, for the offence under Sections 420, 465, 467, 468, 471, 477-A read with 120B and 34 of IPC were registered against the petitioner's son. While so, the respondents 2 to 5 along with other accused barged into the 2/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 house of the petitioner and tortured the petitioner and his son and snatched their mobile phones and also transfered a sum of Rs.17 lakhs from the petitioner's bank account to bank account of the 2 nd accused illegally using his mobile phone. Further, they also transfered a sum of Rs.1 lakh by using his cheque. Thereafter, based on the complaint given by the petitioner, the FIR in Crime No.163 of 2024 came to be registered against the private respondents herein and other accused. The petitioner also intervened in Crl.O.P.No.12410 of 2024 filed by the accused persons seeking anticipatory bail and made submissions before the Court for direction to the respondent police to recover and handover the money which wasl illegally transferred by A1/1 st respondent from the account of the petitioner for which, this Court advised the petitioner to approach the Court of law for having interim custody of his money and also directed that the said amount of Rs.17 lakhs be freezed and not to be released either to petitioners therein or to the defacto complainant until the order passed by the Court of law. Hence, the petitioner filed a petition in Crl.M.P.No.13689 3/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 of 2024 before the XVIII Metropolitan Magistrate, Saidapet, Chennai, seeking interim release of his own money of Rs.17 lakhs but the same was dismissed by order dated 21.11.2024. Hence, the present revision is filed. 4. It is seen from the impugned order wherein, the learned Magistrate has clearly given the reasons for dismissing the petition and the relevant portion is as follows: 6/ khz;g[kpF brd;id cah; ePjpkd;w cj;jutpy; kDtpd; kDjhuUf;nfh my;yJ tHf;fpd; g[fhh;jhuUf;nfh ,t;tHf;fpd; cj;jut[ gpwg;gpf;fg;gLk; tiu nkw;go gzj;ij tpLtpf;f TlhJ vd;W cj;jutpl;Ls;s epiyapy; muR jug;g[ gjpy; mwptpg;gpy; kDjhuh; trk; gzj;ij xg;gilf;f fLk; Ml;nrgid bjhptpf;fg;gl;Ls;s epiyapYk; ,e;j tHf;fpYk; Mto tHf;fpYk; tprhuiz Kotilahj epiyapy; ,Ug;gjhYk;. ,Wjpawpf;if jhf;fy; bra;ag;glhj epiyapYk; kDjhuh; nfhUk; ghpfhuk; kDjhuUf;F fpilf;fj;jf;fjy;y vd;W ,e;ePjpkd;wk; Kot[ bra;fpwJ/ 4/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 5. Further, it is stated that so far the investigation has not been completed and the charge sheet has not been filed. Before filing of the charge sheet, it is pre-mature to decide the rights of the subject money. 6. Under these circumstances, this Court is not inclined to interfere with the order passed by the Magistrate. 7. It is also stated that the cases in Crime No.04 of 2024 and Crime No.278 of 2023 have been transfered to the file of the Additional Director General of Police (ADGP), Economic Offences Wing (EOW), Ashok Nagar, Chennai. 8. Hence, both the respondent police and the Additional Director General of Police (ADGP), Economic Offences Wing (EOW), Ashok Nagar, Chennai, where the cases in Crime No.278 of 2023 and Crime No.04 of 2024 are pending, are directed to complete the investigation in Crime No.163 of 2024, Crime No.278 of 2023 and Crime No.04 of 2024 respectively and file charge sheet within a period of three months from the date of receipt of a copy of this 5/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 order. 9. With the above directions, this Criminal Revision Case is dismissed. 12.02.2025 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2 6/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 To 1. The XVIII Metropolitan Magistrate, Saidapet, Chennai 2. The Inspector of Police E1-Mylapore Police Station Chennai 3. The Public Prosecutor High Court of Madras Copy to: The Additional Director General of Police (ADGP), Economic Offences Wing (EOW), Ashok Nagar, Chennai 7/8 https://www.mhc.tn.gov.in/judis Crl.RC.No.2281 of 2024 P.VELMURUGAN. J. Ksa-2 Crl.RC.No.2281 of 2024 12.02.2025 8/8 https://www.mhc.tn.gov.in/judis