Madras High CourtCRL OP/2736/2015closed

Kutty @ Krishnamurthy v. The State Rep By

2020-02-27Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No. 2736 of 2015 and MP.No.1 of 2015 1.Kutty @ Krishnamurthy 2.K.Anandakumar ...

Petitioners/Accused 5 & 6 Vs.

1.The State rep. By The Inspector of Police, District Crime Branch, Vellore District ... Respondent 1/Complainant 2.D.Prakash .... Respondent 2/Defacto complainant Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Cr.No.27/2014 on the file of the first respondent police and quash the same as against the petitioners.

For Petitioners: Mr. N.R.Elango, standing counsel for M/s.R.Vivekananthan For Respondent-1: Mr.C.Iyyapparaj, APP

ORDER

This petition has been filed seeking to call for the records in Cr.No.27/2014 on the file of the first respondent police and quash the same as against the petitioners are concerned.

2. The learned counsel appearing for the petitioners submit that the petitioners are the subsequent purchasers, of the property /company from A1 to A3 in which earlier an agreement to sell has been entered into by A1 to A3. However, without informing the petitioners of the above transaction A1 to A3 have entered into a sale, which has resulted in the complaint being filed by the defacato complainant.

3. However, during the pendency of the petition, for non payment of dues, the company has been taken over by way of https://hcservices.ecourts.gov.in/hcservices/ Page numbers

proceedings under the SARFAESI Act and the company is no longer in existence and the petitioners submit that they being the subsequent purchaser, may be permitted to produce the relevant documents before the law enforcing agency for appropriate investigation.

4.Recording the submission made by the learned counsel appearing for the petitioners, this criminal original petition is closed. Consequently, connected miscellaneous petition is closed. This Court permits the petitioners to produce the relevant documents, which they cite before the law enforcing agency/1st respondent herein.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar jrs To 1.The Inspector of Police, District Crime Branch, Vellore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.KPM.Shankar, Advocate SR.17502 Crl.O.P.No. 2736 of 2015 and MP.No.1 of 2015 AK(CO) CB(11/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers