IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. S.Arokiyasamy @ Tamilarasu S/o.Late Sanjeevi, Flot No.503, I-

Block, Santha Towers, Paruthi Pattu, Avadi, Chennai-600 071.

Petitioner(s)

Vs

1. The Inspector of Police, District Crime Branch, Kanchipuram, Kanchipuram District. Cr.No.30/2027.

Respondent(s)

CRL RC No. 2401 of 2025 PRAYER To set aside the order dated 01.07.2025 in Crl.M.P.No.524/2025 in Cr.No.30/2017 on the file of the Judicial Magistrate No.1, Kanchipuram District.

CRL RC No. 2401 of 2025 For Petitioner(s): Mr. Arun Anbumani for E.Jayasankar K.Narasimhan For Respondent(s): Dr. C.E. Pratap Government Advocate(Crl. Side)

ORDER

This Criminal Revision Case has been filed to set aside the order dated 01.07.2025 in Crl.M.P.No.524/2025 in Cr.No.30/2017 on the file of the Judicial Magistrate No.1, Kanchipuram District.

2. The learned counsel for the petitioner submits that the petitioner is aged about 87 years, who is professor and had received retirement benefits. In the year 2009, one Jayaraj and his wife and Britto were introduced the petitioner to one I.L. Krishnan, who was operating from their house-cum-office in Little kanchipuram. They informed the petitioner that Mr.I.L. Krishnan was running a business called ''Inspire Consulting Services'' they assured that if the funds provided to Mr.I.L Krishanan he would give best returns, based on the assurance given by the Jayaraj and his wife and Britto, the petitioner transferred a sum of Rs.47,86,500/- on various dates through RTGS to Mr.I.I. Krishnan. When the petitioner demanded repayment, they refused to repay the amount and cheated the petitioner. Therefore, the petitioner gave a complaint before respondent police but they did not take action. Thereafter, the petitioner herein lodged a private complaint under Section 156(3) Cr.P.C before the Judicial Magistrate No.II, Kancheepuram, seeking direction to take the complaint on file cognizance of the offences, and direct the 4^th accused to register the case against the accused 1 to 3 or to issue summons to the accused punish the accused for the offences committed by them. Therefore, he sought for direction to register FIR based on that complaint the Trial Court has directed the respondent police to register FIR and investigate the matter as per manner known to law and file a final report. Thereafter FIR was registered in crime No. 30 of 2017 on the file of the respondent police. However, there is no progress in the case, hence, the petitioner filed Crl.OP. No. 7937 of 2023 before this Court to complete the investigation and file a final report in respect of Crime No. 30 of 2017 and this Court directed the respondent police to complete the investigation within a period of one month. Subsequently, the respondent police closed the case as civil in nature and dropped the further action and thereafter, the petitioner herein filed protest petition in Crl.M.P No. 524 of 2025 in Cr.No. 30 of 2017 under Section 173(2)Cr.P.C, before the Judicial Magistrate No.1, Kancheepuram, to direct the respondent to file a final report in crime No. 30 of 2017, on the file of the Inspector of Police, District Crime Branch, Kanchipuram District but the said petition was dismissed the Trial Court. Aggrieved over the same, the petitioner filed this petition.

3. Further, he submits that the Trial Court ought to have directed the respondent police to file final report in spite of that the Trial Court accepted the closure report as such is illegal and liable to be set aside.

4. On perusal of records, it reveals that the petitioner has lodged a private complaint before the Trial Court based on the direction of the Court, the respondent police registered FIR in crime No. 30 of 2017 against the proposed accused under Section 294(b), 420 & 506(i) IPC on 14.08.201. Thereafter, near about 6 years there is no progress in the case and though the petitioner produced copy of the bank statement as to how the am