CRL RC No. 2568 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL RC No. 2568 of 2025 1. M.Sham S/o.S. Duraisamy, No.89, 6th Street, Kamaraj Nagar, Avadi, Chennai-600054. Petitioner(s) Vs 1. The Inspector of Police Avadi Crime T-6 Police Station, avadi, Chennai-600054. 2.K. Venkateswaralu S/o. lakshmanaiah, No.17, Venkatapuram Village, Pennalurpet, Thiruvallur District. 3.V. Yuvaraj S/o. K. Ventakeswaralu, No.17, Venkatapuram Village, Pennalurpet, Thiruvallur District. 4.Samuvel S/o. Fathers Name not Known, (Working in the house of Yuvaraj), No.17, Venkatapuram Village, Pennalurpet, Thiruvallur District. Respondent(s) CRL RC No. 2568 of 2025 https://www.mhc.tn.gov.in/judis CRL RC No. 2568 of 2025 PRAYER To call for the records relating to the order passed in Crl.M.P.No.889 of 2025 dated 25.10.2025 on the file of the Learned Judicial Magistrate No.1, Poonamalle, Chennai set aside the order same. CRL RC No. 2568 of 2025 For Petitioner(s): Teja R Ashok Prabhakar Raja For Respondent(s): Public Prosecutor For R1 ORDER This Criminal Revision Case has been filed to call for the records relating to the order passed in Crl.M.P.No.889 of 2025 dated 25.10.2025 on the file of the Learned Judicial Magistrate No.1, Poonamalle, Chennai set aside the order same. 2. The petitioner herein lodged a complaint before the respondent police on 19.12.2024, alleging that his uncle K. Venkateswaralu and his associates Yuvaraj and Samuvel had fraudulently taken the petitioner's gold jewels weighing 188 grams under the pretext of helping in a family financial arrangement, and thereafter pledged the gold and refused to return the same. After giving CSR number the respondent police conducted preliminary enquiry but failed to register FIR. Thereafter, the petitioner herein had filed Crl. MP. No. 889 of 2025 on the file of the Judicial Magistrate No.1, Poonamalle, Chennai, under Section 175(3) BNSS seeking to direct the first respondent police to register an FIR against the proposed accused. However, the learned Magistrate has dismissed the said petition stating that it is civil dispute with https://www.mhc.tn.gov.in/judis CRL RC No. 2568 of 2025 regard to money transaction hence the criminal case cannot be taken. Aggrieved over the same, the petitioner filed this criminal Revision Case. 3. The learned counsel for the petitioner submits that the material collected during the enquiry clearly disclosed conginzable offences under Section 316(2) and 318 (4) of BNS. Despite that, the learned magistrate has failed to consider that the respondent police were duty bound to register an FIR once cognizable ingredients were established. Further, the learned magistrate has failed to consider that the respondent police, despite detailed representations and material requirement of Section 173 BNSS. The refusal to register FIR even after establishing cognizable offences is arbitrary, illegal, and violative of the petitioner's right. 4. Heard the submission of the learned counsel for the petitioner. 5. Considering the fact that the proposed accused pledged the petitioner's jewels in the Indian Bank on 28.06.2019 and obtained loan and so far the proposed accused is paying the interest for the said gold loan, which prima facie shows that the proposed accused want to deceive the petitioner. Therefore, the relief claimed by the petitioner is sustainable but the Trial Court failed to consider the same. Hence, the order passed in Crl. MP. No. 889 of 2025 by the Judicial Magistrate No.1, Poonamalle, Chennai is set aside. Further, the first respondent police is directed to register FIR and complete the investigation within a period of six weeks from the date of receipt of a copy of this order as per manner known to law. Accordingly, Criminal Revision Case is allowed. https://www.mhc.tn.gov.in/judis CRL RC No. 2568 of 2025 28-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Judicial Magistrate No.1, Poonamalle, Chennai 2.The Inspector of Police, Avadi Crime T-6 Police Station, Avadi, Chennai. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL RC No. 2568 of 2025 T.V.THAMILSELVI J. Pbl CRL RC No. 2568 of 2025 28-11-2025 https://www.mhc.tn.gov.in/judis