Madras High Court
B. Sivakumar vs State Rep By on 31 October, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.R.C.No.1780 of 2025
B. Sivakumar ... Petitioner
Vs.
1. State rep by
The Inspector of Police,
City Cyber Crime Police Station,
Tiruppur
2. Rajneesh Kumar Gupta ... Respondents
PRAYER : This petition is filed under Section 438 r/w 442 of BNSS Act to call
for the records relating to the order dated 04.07.2025 made in Crl.M.P.No.1428 of
2025 passed by the learned Judicial Magistrate No.III ( FAC), Tiruppur and set
aside the same by allowing the Criminal Revision Petition.
For Petitioner : Mr.N. Ponraj
For Respondent-1 : Dr.C.E.Pratap,
Government Advocate
For Respondent-2 : No Appearance
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ORDER
This Criminal Revision Case is filed to call for the records relating to the
order dated 04.07.2025 made in Crl.M.P.No.1428 of 2025 passed by the learned
Judicial Magistrate No.III ( FAC), Tiruppur and set aside the same by allowing
the Criminal Revision Petition.
2. The facts of the case s that the petitioner is the victim of the above crime
and totally a sum of Rs.11,05,571/- has been swindled by the second respondent
and his companions. Pursuant to the Registration of the FIR in Crime no.69 of
2024, the first respondent police initially froze a sum of Rs.7,21,770.93/- from the
bank accounts of the accused. Thereafter, the petitioner filed and application for
interim custody of the money in C.M.P.No.8301 of 2024 on the file of the learned
Judicial Magistrate No.III ( FAC), Tiruppur and the same was allowed on
09.12.2024, whereby it was held that the petitioner is entitled to get the entire
sum of Rs.7,21,770.93/-. Thereafter, a sum of Rs.6,90,658.55/- was remitted to
the petitioner's bank account. When this being a case the respondent police made
a further recovery of Rs.4,20,935/-. Upon knowing the same, the petitioner filed
an application for interim custody of money in Crl.M.P.No.1428 of 2025 under
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Section 497 and 503 of BNSS. The said petition was opposed by the second
respondent stating that he was directed by one Mangal Gowda belonging to
Barampur of Odisha to install mobile applications for getting profits through
online investments such as “UnityMEta”, Binance' etc., However, the money
received was transferred to Mangal Goweda and later, sold it to one Anand in
Tamil Nadu. In that way, an amount of Rs.79,986/- was received by the second
respondent through bank transfer on 27.10.2024. When this being the case, the
Trial Court dismissed the application filed by the petitioner for interim custody
stating that the investigation is still ongoing and at this stage it is premature to
order transfer of the amount to the petitioner as it would amount to a final
adjudication on ownership. Aggrieved over the same the petitioner has filed the
present petition.
3. The learned counsel for the petitioner submits that if the money frozen
is not transferred to the petitioner he will put into untold sufferings and his
livelihoold would be affected heavily. Hence, prays to allow this petition.
4. The learned Government Advocate appearing for the first respondent
submits that they have investigated in this case and unearthed the cheated
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amount. He further submits that freezing of the amount was a necessary step to
prevent further dissipation of potentially tainted process. Hence it is premature to
order transfer of the amount to the petitioner at this stage.
5. The learned counsel appearing for the second respondent submits that
the relief sought for by the petitioner in the petition is unsustainable one, so it
cannot be granted at this stage. He further submits that considerable amount has
already been transferred and seeking to transfer further amount is not justifiable.
Hence, prays to dismiss this petition.
6. Heard both sides and perused the materials available on record.
7. On a perusal of records it is seen that the petitioner is a victim and now
the Bank account of the accused was also seized, which also includes the
petitioner's money. Hence, in order to put a quietus to this issue, this Court
directs the respondent/police to take steps to remit a sum of Rs.1,00,000/- to the
credit of Crl.M.P.No.1428 of 2025 before the learned Judicial Magistrate No.III
( FAC), Tiruppur within a period of two weeks from the date of receipt of a copy
of this order. It is made clear that the said amount of Rs.1,00,000/- should be
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taken from the second respondent's bank account. On such deposit being made
the petitioner is at liberty to withdraw the same.
8. With the above directions this Criminal Revision Case stands disposed
of .
31.10.2025
smn
To
The Inspector of Police,
City Cyber Crime Police Station,Tiruppur
2. The learned earned Judicial Magistrate No.III ( FAC), Tiruppur
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T.V.THAMILSELVI, J.
smn Crl.R.C.No.1780 of 2025 31.10.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 07:03:41 pm )