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Madras High CourtCRL RC/343/2017disposed of

Philip Mani Modayil v. State

2017-03-02Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.Nos.343, 344, 345, 346, 347, 348 and 349 of 2017 and Crl.M.P.Nos.3286, 3287, 3288, 3289, 3290, 3291 and 3292 of 2017 Philip Mani Modayil Director of Church of South India Trust Association, Modayil House, Kanjikuzhy P.O.

Kottayam, Kerala - 683 004, India.

... Petitioner in Crl.R.C.No.343/2017 Vijay Kumar Dandin Ex-Director of Church of South India Trust Association, Sumitra Opp. Sai Mandir Courpa Lias Compound AIR Road, Dharwad, Karnataka - 580 008, India. ... Petitioner in Crl.R.C.No.344/2017 John Samuel Ex-Director of Church of South India Trust Association, HNO:11-23-111, L.B.Nagar, Warangal, Andhra Pradesh - 506 002, India.

... Petitioner in Crl.R.C.No.345/2017 Prabhakara Rao Dayala Director of Church of South India Trust Association, D.No.59-12-36, Gayatri Nagar, Vijayawada, Krishna District.

Andhra Pradesh - 520 008, India.

... Petitioner in Crl.R.C.No.346/2017

Sathiadas Samuel Nadar Ex-Director of Church of South India Trust Association, 32/16, A, Kulasekaram Road, Marthandam Post, Kanyakumari, Tamil Nadu - 629 165.

... Petitioner in Crl.R.C.No.347/2017 Bernard Robert Hereford Director of Church of South India Trust Association, No.602, 2nd E Cross, 2, Kalyan Nagar, Bangalore, Karnataka - 560 043, India.

... Petitioner in Crl.R.C.No.348/2017 Mohanraj Arumainayagam Director of Church of South India Trust Association, No.160D/36, Polepettai West, Kurunchi Nagar 5th Street, Tuticorin - 628 001.

... Petitioner in Crl.R.C.No.349/2017 Vs.

State:

The Deputy Registrar of Companies, Tamil Nadu, having office at Shastri Bhavan, 26, Haddows Road, Chennai - 600 006. ... Respondent in all revisions Criminal Revision Cases filed under Section 397 and 401 Cr.P.C. against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2184, 2186, 2185, 2189, 2190, 2188 and 2187 of 2016 in E.O.C.C.No.13 of 2014 on 16.11.2016.

Appearance in all petitions:

For Petitioners : Mr.D.Prabhu Mukunth For Respondent : Mr.V.Venkatesan, Senior Central Government Standing Counsel ***** C O M M O N O R D E R These revisions arise against the common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2184, 2186, 2185, 2189, 2190, 2188 and 2187 of 2016 in E.O.C.C.No.13 of 2014 on 16.11.2016.

2. Heard learned counsel for petitioners and learned Senior Central Government Standing Counsel for respondent.

Considering the facts and circumstances of the case, particularly that the same relates to non-filing/improper filing of records in keeping with the Companies Act, this Court allows these revisions. The common order of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai, passed in Crl.M.P.Nos.2184, 2186, 2185, 2189, 2190, 2188 and 2187 of 2016 in E.O.C.C.No.13 of 2014 on 16.11.2016, are set aside. Crl.M.P.Nos.2184, 2186, 2185, 2189, 2190, 2188 and 2187 of 2016 in E.O.C.C.No.13 of 2014 on 16.11.2016 are restored to the file of learned Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai. Court below is directed to consider

C.T.SELVAM, J gm the recall petitions and dispose of the same on merits without insisting on the personal appearance of petitioners before it. Connected miscellaneous petitions are closed.

02.03.2017 Index:yes/no Internet:yes/no gm To 1.The Additional Chief Metropolitan Magistrate (E.O.II), Egmore, Chennai.

2.The Deputy Registrar of Companies, Tamil Nadu, having office at Shastri Bhavan, 26, Haddows Road, Chennai - 600 006.

Crl.R.C.Nos.343, 344, 345, 346, 347, 348 and 349 of 2017