Crl.O.P.No.29634 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.11.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.29634 of 2025 Sirish Purohit (CEO) M/s.MIDAS Communication Technologies Pvt. Ltd. No.1, Kalyani Nagar Kottivakkam, Thiruvanmiyur, Chennai – 600 041 ... Petitioner Vs. 1.State rep. by The Inspector of Police Central Crime Branch EDF 2, Beta 5, Vepery Chennai – 600 007 2. M.S.Viswanathan Liquidator of Gemini Communication Limited 15/35, Musafer Jung Bahadur Street Triplicane, Chennai – 600 005 ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the 1 st respondent police to either handover the goods lying in the godown at Door No.10/15, No.698, Vazhudavur Road, Iyyankuttipalayam, Oulgaret Community, Puducherry-605 009 to M/s.Gemini Communication 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29634 of 2025 or in alternative transfer the goods to a Police godown and dispose of the same in accordance with law. For Petitioner : Mr.V.Prakash, Senior Advocate Assisted by Mr.K.Sasi Kumar For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor for R1 Mr.M.S.Viswanathan for R2 O R D E R This Criminal Original Petition has been filed to direct the 1 st respondent police to either hand over the goods lying in the godown at Door No.10/15, No.698, Vazhudavur Road, Iyyankuttipalayam, Oulgaret Community, Puducherry-605 009 to M/s.Gemini Communication or in the alternative to transfer the goods to a Police godown and dispose of the same in accordance with law. 2. The learned Additional Public Prosecutor appearing for the 1 st respondent police would submit that based on the complaint given by one K.Radhakrishnan, G.M. (Legal and Administration) of Gemini Communication Ltd., a case in Crime No.69 of 2012 was registered against 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29634 of 2025 the petitioner and 9 others for the offences under Sections 406, 420 read with Section 34 of IPC on 02.02.2012. He would further submit that the investigation in this case, has already been completed and the final report has also been filed referring the case as ‘Further Action Dropped’. On instructions, he would further submit that during the course of investigation, the 1 st respondent police did not take any action in respect of the alleged goods belonging to the Gemini Communication, which are said to have been lying in the said godown. In such circumstances, this petition is not maintainable and the same is liable to be dismissed. 3. Mr.M.S. Viswanathan, Liquidator of Gemini Communication Limited/second respondent would submit that the liquidation proceedings is pending before the NCLT. 4. At this juncture, the learned Additional Public Prosecutor would submit that when the liquidation proceedings is pending before the NCLT, the petitioner has to file an appropriate petition before the NCLT. 5. Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is closed. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29634 of 2025 21.11.2025 ksa-2 Neutral Citation:Yes/No To 1.The Inspector of Police Central Crime Branch EDF 2, Beta 5, Vepery Chennai – 600 007 2.The Public Prosecutor, High Court of Madras. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29634 of 2025 A.D.JAGADISH CHANDIRA , J. ksa-2 Crl.O.P.No.29634 of 2025 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.29634 of 2025 21.11.2025 6/6 https://www.mhc.tn.gov.in/judis