S.R.Gopalakrishnan Vs The Commissioner of Police

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to transfer the investigation pending in Crime No.592 of 2025 on the file of the 4 th respondent Police to the Central Crime Branch, Tambaram City, the 5th respondent herein.

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For Petitioner : Mr.G.Sanjay Krishna For Respondents : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side)

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ORDER

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The petitioner is seeking to transfer the investigation pending in Crime No.592 of 2025 on the file of the fourth respondent to the fifth respondent.

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The contention of the petitioner is that the petitioner is that the

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proprietor of M/s.Pioneer Agencies, engaged in supplying live broiler chickens to wholesale and retail customers. He has been running the business for 14 years. He has got several units throughout Chennai, managed by the persons appointed as Managers who would transfer the collection of payment through firm’s official bank account via Gpay, QR code. The petitioner has appointed one Subash @ Elanchezhian as Manager of Pammal outlet and during February, 2024, while preparing financial statements, he found some discrepancies and also found that there

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

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Crl.O.P.No.8620 of 2026

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has been delay in depositing the collection amount. When the said Subash was questioned, he informed that the customers attached to Pammal outlet

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have not paid to him. Later, it was found that the said Subash had pocketed the money and committed cheating and misappropriation to a tune of Rs.63,00,000/-. With all the details, a complaint, dated 20.12.2024 was given and the respondent Police had only assigned C.S.R.No.327 of 2025 on 09.03.2025 i.e., three months after the complaint. Thereafter, no action has been taken. Hence, the petitioner has filed a petition under Section 156(3) of Cr.P.C., before the learned District Munsif-cum-Judicial Magistrate, Pallavaram, who had ordered and given direction on 16.10.2025 to register an F.I.R and to investigate the case. Thereafter, no action has been taken and finally, the Police registered an F.I.R in Crime No.592 of 2025 and kept it as it is.

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The learned Counsel for Government of Tamil Nadu (Criminal Side) for the respondents though was directed to file a status report on 07.04.2026, today, he submitted that the respondent Police were not given proper instructions and he is unable to file status report.

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

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Crl.O.P.No.8620 of 2026

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So far, the petitioner was not even called for an enquiry. He

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further submitted that after the last hearing date i.e., on 07.04.2026, the petitioner received a notice, dated 27.02.2026 asking him to appear on 16.04.2026. The date found in the notice and the date for enquiry is within two months which would clearly show that it is an anti-dated notice just to overcome the slumber and flaws in the investigation. The notice, dated 27.02.2026, which would prove that in what manner, the investigation is being conducted by the fourth respondent, Inspector of Police, is as

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follows:-

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

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Crl.O.P.No.8620 of 2026

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In view of the same, this Court needs no further material. The fourth respondent is directed to submit the entire case diary to the Deputy Commissioner of Police, CCB, Tambaram who shall nominate an Inspector from CCB Team to effectively conduct and conclude the investigation within a stipulated period. The petitioner to be enquired and also the newly appointed Inspector from the CCB Team who takes up the investigation, is directed to call for the petitioner and his grievance of deleting of falsification of accounts and other details, are to be considered and if they found any prima facie material, the same shall be included.

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