Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 31182 (MAD)

Sunil Kumar v. The Commissioner of Police

WP Crl./768/2026 · 2026-06-03

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 768 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN WP Crl. No. 768 of 2026 Sunil Kumar S/o.Lacharam, No.1, 2nd Street, Shenoy Nagar, Chennai-600 030. ..Petitioner(s) Vs 1. The Commissioner of Police, Tambaram Police Commissionerate, Karapakkam, Sholinganallur, Chennai-600 119. 2. Inspector of Police, Central Crime Branch, Team-VI, Tambaram City Police, Sholinganallur, Chennai-600 119. 3. Priya Lakshmi W/o.Vijay Balaji, No.22/5, Jaganathan Nagar, 2nd Main Road, Chennai-600 106. 4. Vijay Balaji S/o.Vinayagam, No.22/5, Jaganathan Nagar, 2nd Main Road, Chennai-600 106. ..Respondent(s) PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for the issuance of Writ of Mandamus, directing the 2nd respondent, his https://www.mhc.tn.gov.in/judis WP Crl. No. 768 of 2026 __________ Page2 of 5 subordinates, or any person acting on his behalf, not to harass the petitioner and not to interfere with the civil transaction between the petitioner and 3rd and 4th respondents based on the representation submitted by the petitioner dated 27.03.2026. For Petitioner(s): Mr.S.Sasikumar For Respondent(s): Mr.r.Ganesh Kumar Government Advocate (Criminal Side) for R1 & R2 Mrs.Priya Lakshmi – Party in Person for R3 No Appearance for R4 ORDER This Writ Petition has been filed seeking a direction to the second respondent, his subordinates, or any person acting on his behalf, not to harass the petitioner and not to interfere with the civil transaction between the petitioner and respondents 3 & 4, based on the representation submitted by the petitioner dated 27.03.2026. 2. It is the case of the petitioner that the respondents 3 and 4 had pledged certain jewels with the petitioner and availed a loan to the tune of Rs.40,00,000/-. In the meanwhile, the defacto complainant lodged a complaint against respondents 3 and 4 before the second respondent and the same was registered by the Central Crime Branch, Tambaram, in Crime No.4 of 2026 for the offences under Sections 406, 420, 506(1) read with Section 120B of IPC, alleging misappropriation in relation to the pledged jewels. https://www.mhc.tn.gov.in/judis WP Crl. No. 768 of 2026 __________ Page3 of 5 3. Pursuant to the registration of the FIR, the second respondent called upon the petitioner for enquiry on due occasions. The apprehension of the petitioner is that the second respondent may, without authority and jurisdiction and without following due process of law, interfere with the jewels pledged by respondents 3 and 4. 4. The third respondent appeared before this Court in person and submitted that she and her husband had pledged the family jewels with the petitioner and availed a loan of Rs.40,00,000/-. It was further submitted that the said jewels are family jewels and are in no way connected with the allegations made by the complainant in Crime No.4 of 2026. 5. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 submitted that during the course of enquiry, the petitioner appeared before the second respondent and cooperated with the investigation. It was further submitted that the investigation is in progress. 6. In view of the above facts and circumstances, since the pledged jewels are stated not to be stolen property and are also claimed to be unconnected with the allegations made in Crime No.4 of 2026, the second respondent cannot directly seize the jewels without following due process of law. https://www.mhc.tn.gov.in/judis WP Crl. No. 768 of 2026 __________ Page4 of 5 7. Accordingly, the second respondent is directed not to harass the petitioner except for the purpose of enquiry and investigation in Crime No.4 of 2026. It is also made clear that the second respondent shall proceed with the investigation strictly in accordance with law and complete the same as expeditiously as possible. The petitioner shall also cooperate with the investigation in Crime No.4 of 2026. 8. With the above direction, this writ petition (criminal) stands disposed of. No costs. 03-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No av 1. The Commissioner of Police, Tambaram Police Commissionerate, Karapakkam, Sholinganallur, Chennai-600 119. 2. Inspector of Police, Central Crime Branch, Team-VI, Tambaram City Police, Sholinganallur, Chennai-600 119. 3. The Public Prosecutor High Court, Madras https://www.mhc.tn.gov.in/judis WP Crl. No. 768 of 2026 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. av WP Crl. No. 768 of 2026 03-06-2026 https://www.mhc.tn.gov.in/judis