IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
R. Vijayakumari – Appellant
Versus
The State Rep.by The Inspector of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.01.2026 CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.34831 of 2025 and Crl.M.P.No.24434 of 2025 R.Vijayakumari ... Petitioner Vs.
1. The State Represented by Inspector of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai – 600 078.
(Crime No.40 of 2025)
2. R.Sheeba Priyadharshini … Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in FIR No.40 of 2025, on the file of first Respondent Police and quash the same.
For Petitioner : Mr.A.S.Bhuvaneswaran For R1 : Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER This Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in F.I.R. No.40 of 2025, on the file of the first respondent Police and quash the same.
2.The facts of the case are that the de facto complainant / 2nd respondent received a call from an impersonator claiming to be from TRAI and was informed that her cell phone connection would be terminated due to misuse in a money laundering case and was digitally arrested by the impersonator. Believing the same, the victim transferred a sum of Rs.1,28,91,540/- through various transactions from 19.05.2025 to 31.05.2025 into various suspect accounts, one of which is the petitioner’s account. The de facto complainant had lodged an online complaint at the National Cyber Crime Reporting Portal and also lodged a written complaint at the Cyber Crime Wing, Chennai, for necessary action. Based on her complaint, a case was registered in SCCIC Crime No.40 of 2025, for the offences U/s.319(2), 336(2)&(3) and 318(4) BNS 2023 and Section 66C, 66D of the Information Technology (Amendment) Act, 2008. The petitioner was remanded to judicial custody along with the other accused.
3.Learned counsel for the petitioner would submit that the petitioner is innocent and her account has been misused by her son and since certain amounts have come into her accounts, she was arrested and remanded to judicial custody. He would reiterate that the petitioner is innocent.
4.Learned Government Advocate (Crl. Side) would submit that this is a matter concerning digital arrest and the amount involved in the present case is Rs.1.28 crores and the investigation is in the initial stage. He would further submit that in State V. M.Maridoss & another (2023) 4 SCC 338, the Hon’ble Apex Court has held that the investigation cannot be interdicted at the initial stage and he would submit that if, during the course of investigation, it is found that the petitioner has no role, her name will be removed from the F.I.R.
5.Recording the above submissions of the learned Government Advocate (Crl. Side), this Criminal Original Petition stands disposed of.
Consequently, the connected C.M.P.No.24438 of 2025 is closed.
02.01.2026 kas Index : Yes / No Neutral Citation: Yes / No A.D.JAGADISH CHANDIRA , J .
kas To
1. The Inspector of Police, State Cyber Crime Investigation Centre, Cyber Crime Wing, Ashok Nagar, Chennai – 600 078.
2. The Public Prosecutor, High Court of Madras, Chennai 600 104.
Crl.O.P.No.34831 of 2025
02.01.2026
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