Madras High Court Nullifies Transfer of Case Against Coimbatore Industrialist to CBCID by Former DGP

The controversy began in 2019 when a complaint was lodged, alleging that CCTV cameras were installed at the G.D. Group's premises, directed towards the construction site of Sri Krishna Hi-Tech and Management Solutions Pvt. Ltd, and the residence of its Managing Director, Malarvizhi.


Coimbatore: The Madras High Court has voiced its astonishment regarding the then Director General of Police (DGP) of Tamil Nadu's unilateral decision to transfer a case involving a well-known Coimbatore industrialist to the Crime Branch-Criminal Investigation Department (CBCID), despite no requests from either the accused or the complainant. The court has declared this move, along with all ensuing investigations and reports by the CBCID, as invalid.

The controversy began in 2019 when a complaint was lodged, alleging that CCTV cameras were installed at the G.D. Group's premises, directed towards the construction site of Sri Krishna Hi-Tech and Management Solutions Pvt. Ltd, and the residence of its Managing Director, Malarvizhi. This was claimed to be an unfair surveillance by the parties involved.

Upon investigation by the C-2 Race Course Police Station Inspector, a case was filed against Rajkumar (grandson of G.D. Naidu) and Karthik, with a final report submitted to the Judicial Magistrate Court - III Coimbatore.

Rajkumar, asserting his innocence and claiming to be wrongly implicated, sought a re-investigation of the case on July 8, 2021, which was dismissed by the court. Subsequently, he appealed to the Coimbatore City Police Commissioner for a re-investigation, leading to the Commissioner recommending the case's transfer to the CB-CID to the Tamil Nadu DGP in 2021. The DGP then independently ordered the case transfer to the CB-CID, Coimbatore.

CB-CID Inspector Shobana opened a new FIR, conducted further investigations, and submitted her report on January 10, 2023, to the Chief Judicial Magistrate Court, indicating that the case against Rajkumar and Karthik was falsely registered, leading to its dismissal.

An appeal against this dismissal was brought to the Madras High Court by Sri Krishna Hi-Tech Management Solutions Private Limited, and Justice G.K. Ilanthiraiyan heard the case on February 15, 2024. He underscored that while the police can order further investigations, only the court holds the authority to order a new or re-investigation under specific legal provisions.

The judge questioned the motive behind the DGP's autonomous decision to transfer the case to CB-CID, suggesting it reflected the accused's influence over police officials. Consequently, the court has refused to acknowledge the transfer, the new FIR, and the CBCID's final report.

Justice Ilanthiraiyan has directed the trial court to proceed with the case based on the original report submitted by the C-2 Race Course Police, aiming for a resolution within three months from receiving this judgment.

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