Madras HC Rebukes Police: "Lackadaisical" Approach to Judicial Directives in Fraud Case

In a sharp judicial intervention, the Madras High Court has pulled up the Thiruvanmiyur Police for their failure to act upon a specific mandate from a lower court. Justice A.D. Jagadish Chandira, sitting at the High Court of Judicature at Madras, has ordered the local police to register an FIR immediately, slamming the investigators for their apparent indifference in a case of alleged real estate fraud.

The Anatomy of the Alleged Deception

The case stems from a dispute involving a property developer, G. David Ravi, and a property layout known as ‘Sri Vari Nagar’ in the Kancheepuram district. The petitioner, R. Sathish Kumar, alleged that he was induced by David Ravi and the Manager of the Tamil Nadu Mercantile Bank, Thiruvanmiyur Branch, to pay a sum of ₹40 lakhs toward clearing a supposed loan of ₹26 lakhs on the property.

According to the petition, the bank manager and the developer colluded to keep the petitioner in the dark regarding further encumbrances. After the payment was made, the petitioner was shocked to discover that the properties were further burdened by a second, undisclosed loan account. Faced with this situation, the petitioner sought legal recourse.

The Judicial Treadmill: A Timeline of Frustration

The matter was initially brought to the attention of the XVIII Metropolitan Magistrate in Saidapet, who, on April 23, 2025, directed the police to conduct an inquiry and register an FIR if a prima facie case was established.

Despite the Magistrate’s clear directive, the police failed to initiate proceedings. Their defense—presented in the High Court—was that they were unable to reach the accused, leading to a report filed on March 12, 2025, before the Magistrate. This justification failed to impress the High Court.

Court’s Reasoning

In his order under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Justice Chandira did not mince words regarding the police’s conduct. The Court held that the police’s failure to act on a judicial order was not merely administrative negligence but a grave lapse in the duty.

"This exposes the lackadaisical manner in which the order of the learned Magistrate has been treated," Justice Chandira noted. The Court concluded that the factual averments put forth by the petitioner clearly established a prima facie case for criminal investigation, rendering the police's delay unjustifiable.

Key Observations

The judgment serves as a stern reminder of the sanctity of judicial directives:

• "This Court deprecates the conduct and manner in which the complaint has been treated by the respondent / police."
• "From the averments in the petition, this Court finds that a prima case is made out for registration of case."
• "The first respondent / police, without taking proper action, had filed a report stating that the accused was unable to be reached. This exposes the lackadaisical manner in which the order of the learned Magistrate has been treated."

Final Decision and Implications

The High Court has now issued a peremptory command to the Inspector of Police, J-6, Thiruvanmiyur Police Station: 1. Register an FIR based on the petitioner's complaint dated May 8, 2024. 2. File a status report before the XVIII Metropolitan Magistrate, Saidapet, within two weeks. 3. Continue the investigation strictly in accordance with the law.

This order serves as a significant precedent for complainants seeking to enforce the registration of FIRs where initial police inquiries have stalled. It reinforces that judicial mandates are not suggestions to be ignored by law enforcement, but binding instructions essential for the maintenance of the rule of law.