Suspecting foul play, Madras HC transfers civil disupte case to to CB-CID from Madurai's DCB

MADURAI: Suspecting foul play in an investigation into a civil dispute pertaining to a property in Madurai by the District Crime Branch (DCB) of Sivaganga, the Madurai Bench of the Madras High Court transferred the investigation to CB-CID.

Justice G R Swaminathan passed the order on an anticipatory bail petition filed by one Arumugam alias Siva Arumugam of Madurai, who was one of the parties in the dispute.

He allegedly owed Rs 2 crore to one Srinivasan, who had paid the money as advance for the sale of a property in Madurai in 2012.

Alleging that Arumugam did not repay a part of the amount, Srinivasan had lodged a complaint with police against Arumugam in 2019.  

The judge noted that despite an earlier observation made by the court (in another case filed by Arumugam) that the dispute is of civil nature and that police need not involve, the Sivagangai DCB had launched an investigation.

Noting that the Madurai District Crime Branch had already inquired into the matter and had closed the case in light of the court's observation, the judge opined that the court cannot accept the government counsel's contentions that the Sivaganga DCB was not aware of these developments.

Citing petitioner counsel's contentions that the Sivaganga DCB took him and his son into custody on December 4, 2019, and forced him to sign four cheques in favour of Srinivasan and that Deputy Superintendent of Police of Sivaganga repeatedly called Arumugam over phone compelling him to return the amount, the judge pointed out that when both the properties and parties concerned were in Madurai, the Sivaganga DCB had no jurisdiction to involve in the matter.

He also criticised the authorities for flouting the court's repeated warnings that police should not interfere in civil disputes.

He directed the Director of CB-CID to appoint an officer to take over the investigation from Sivaganga DCB. Pursuant to the said directions of the court, the CB-CID has initiated its investigation on Monday.