R.Jayesh Jain Vs The State Represented by The Inspector of Police

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CRL OP No. 5056 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026

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CORAM

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THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 5056 of 2026

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R.Jayesh Jain S/o. Rajkumar Jain, Residing at No.38/106, Thiyagappa Street, Kilpauk Garden, Kilpauk, Chennai-600 010.

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..Petitioner(s)

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Vs

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The State Represented by The Inspector of Police C2 Elephant Gate Police Station, Flower Bazaar District, Chennai-600 001. (Ref. Crime No.362 of 2025, dated 27-9-2025)

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..Respondent(s)

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PRAYER: The criminal original petition filed under Section 528 of BNSS to direct the respondent police to complete the investigation and file the Final Report/Charge Sheet within a stipulated time period in connection with Crime No.362 of 2025 on the file of the Inspector of Police, C2 Elephant Gate Police Station, for the offence under Section 306 of the Bharatiya Nyaya Sanhita, 2023, and thus render justice.

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For Petitioner(s): Mr.A.Neeraj For Respondent(s): Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 5056 of 2026

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ORDER

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This criminal original petition has been filed to direct the respondent police to complete the investigation and file the Final Report/Charge Sheet within a stipulated time period in connection with Crime No.362 of 2025 on the file of the Inspector of Police, C2 Elephant Gate Police Station.

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2.This Court on an earlier occasion on 05.03.2026, passed the following order.

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The petitioner/de facto complainant had lodged a complaint and a case in Crime No. 362/2025 for the offence under Section 306 BNS was registered. From the complaint, it is seen that the petitioner is doing business in the name of ‘Maharaja Jewellers’ for the past 15 years. One Gunaganti Kranti @ Rakesh of Telangana and one Manikanda were employed under the petitioner. According to the petitioner, these employees used to go to their village and return. During the year 2024, there was renovation work going on in his shop and at that time, on inspection, it was found that jewels to the tune of 1200gms were found to be missing. CCTV footages were also verified and the accused persons were identified. Despite providing all details, the Police have not so far conducted any investigation.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 5056 of 2026

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2.Today, learned Additional Public Prosecutor produced the order dated 08.12.2025 passed by the learned VIII Metropolitan Magistrate/VIII Judicial Magistrate, George Town, Chennai, which is as follows:

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“The petition has been filed by the Inspector of Police, C-2 Elephant Gate Police Station (Crime), who is the investigating Officer in Cr.No. 362 of 2025, U/s. 306 BNS of the said Police Station, seeking permission of this court to seize certain gold jewellery pledged in Canara Bank, Nagaram Branch, stating that the said jewellery constitutes the case property in connection with the above crime. It is submitted that the accused Gunaganti Kranthi @ Rakesh, through his brother in law, namely Mahesh had pledged the said gold jewelleries in the said bank and that recovery and the seizure of the same are essential for the purpose of effective investigation. The petition is supported by the case records with prima facie disclosure that the said gold jewelleries alleged to be the subject properties of the offence has been pledged in the above said bank. For the purpose of proper investigation and for securing the case property, this court is satisfied that granting permission to seize the said item is necessary.

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Hence, the petition is allowed. The investigating officer is hereby permitted to proceed to Canara Bank, Nagaram Branch and seize the gold jewelleries said to have been pledged by the accused through his brother in law, following due process of law and upon

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CRL OP No. 5056 of 2026

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proper acknowledgment from the bank authorities. The investigating officer shall produce the seized properties before this court forthwith and ensure compliance with all formalities under the provisions of the BNSS and other applicable provisions.”

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The learned Additional Public Prosecutor seeks some more

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time to report about further steps taken in recovery of jewels and also

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in dealing with the accused.

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3.Post on 15.04.2026.”

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3.In pursuant to the order passed on 05.03.2026, today, the learned Additional Public Prosecutor produced a letter dated 12.04.2026 issued by Canara Bank, Nagaram Branch, to the respondent police seeking time to hand over the theft gold in connection with Ref.No.362/2025 u/s 306 BNS dated 27.09.2025. In the said letter, it is stated that the Court order dated 08.12.2025 had been received relating to the seizure of gold jewels pledged in the name of N.Mahesh at Nagaram Branch was received only on 10.04.2026. After receiving the court order, the matter was intimated to the Head office, at Bangalore, for further action and for getting permission from concerned authority. It is further stated that the gold packets pledged by N.Mahesh are kept in a safe locker and will not be handed over to him.

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CRL OP No. 5056 of 2026

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4.Further, a status report has also been filed, wherein the relevant paragraph Nos. 4, 5, 6 & 7 are extracted hereunder:

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“4.It is submitted that during the course of investigation, 27.09.2025

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at about 21.00 hours, the Sub Inspector of Police have arrested A1 & A2 and obtained their confession statements and also seized gold bracelet – 1, chain – 1, ring-1, iphone-1 and 1+phone – 1 and Cash Rs.20,000/- from A1, gold chain – 1, Realme 13 Pro-1 from A2 under cover of seizure mahazar in the presence of witnesses. Total amount of 75.29 gram was recovered based on his confession it is found that the accused have sold the remainder of the jewelers and spend the money on the recovered items. Then they were produced before the VIII Metropolitan Magistrate, George Town and remanded to judicial custody. Based on the confession statement of A1 & A2, it reveals that the accused A1 & A2 colluded with other accused persons namely Sivakumar/A3 and Badapattla Santhosh/A4 and committed the above offence.

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5.It is submitted that during the course of investigation, on 28.09.2025, the Sub Inspector of Police have arrested A3 and obtained his confession statement and then he was produced before the III Metroplitan Magistrate, George Town and remanded to judicial custody.

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CRL OP No. 5056 of 2026

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6. It is submitted that now the petitioner/defacto complainant filed this present petition before this Hon’ble High Court, Madras, direct the respondent police to complete the investigation and file the final report/charge sheet within a stipulated time period in connection with crime No.362 of 2025 on the file of the Inspector of Police, C2 Elephant Gate Police Station, for the offence under Section 306 of the Bharaiya Nyaya Sanhita, 2023.

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7.It is submitted that the respondent police received the complaint and registered the case in a free, fair, and impartial manner. After securing the accused A4, the Sub Inspector of Police will lay the final report before the competent court in accordance with law at the earliest.”

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Recording the same, the criminal original petition is disposed of.

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15-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms

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CRL OP No. 5056 of 2026