Madras High CourtCRL OP/13296/2016dismissed

Hbn Dairies & Allied Ltd., v. State Rep. By The Director

2019-03-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13296 of 2016 HBN Dairies & Allied Ltd., Having Registered Office No.303, Vardman Chamber III Floor, Sonia Complex, Vikaspuri, New Delhi-110 018, represented by Director, Harmendar Singh Charan.

... Petitioner Vs.

State rep by.

1. The Director General of Police, Tamil Nadu Police Head Quarters, Mylapore, Chennai.

2. Addl. Director General of Police, Economic Offences Wing, Guindy,Chennai.

3. Economic Offence Wing, Unint-II, Madurai.

4. Economic Offence Wing, Tiruchy.

5. Inspector of Police, Economic Offence Wing, Tirunelveli.

6. Inspector of Police, Economic Offence Wing-II, Chennai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to club the cases in Crime No.9 of 2015 on the file of the Economic Offence Wing, Madurai, in Crime No.3 of 2015 on the file of Economic Offence Wing, Trichy in Crime No.2 of 2015 on the file of Economic Offence Wing,

Tirunelveli and in Crime No.3 of 2015 on the file of Economic Offence Wing, Chennai and also if any future complaint that may be preferred by the depositors and further prays that all the complaints pertaining to the above petitioner company may be investigated by a suitable investigation wing preferably economic offence wing, Chennai.

For Petitioner :

Mr.J.Raju For Respondents :

Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

The petitioner is the director of HBN Dairies and Allied Ltd., have registered office at New Delhi. The petitioner has been arrayed as one of the accused in various crime numbers, alleging that he has collected cash deposits from the public and had defaulted to pay his depositors. Hence, several complaints were registered against him viz., Crime Nos.2,3,9 of 2015 and also several complaints were received by the respondent police from the depositors for non-payment of matured deposits from Chennai, Coimbatore, Salem, Tiruvannamalai, Pudukottai, Thanjavur and Karaikudi and the investigation proceedings are pending at NCLT, New Delhi. Hence, the petitioner has filed the present petition seeking to club the entire complaints together for investigation by a suitable investigation authority. 2.The learned Additional Public Prosecutor submitted that investigation is going on and the case is still pending for decision before NCLT, New Delhi and the amounts were not yet disbursed to the depositors.

3.Heard both sides.

4.In view of pendency of case before the NCLT, New Delhi, the prayer sought for by the petitioner cannot be considered now. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm