Madras High CourtCRL RC/1436/2013dismissed as infructuous

Welltexx India Enterprises v. The Deputy Superintendent Of

2019-08-16Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2019

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1436 of 2013 and M.P.No.1 of 2013 1.Welltexx India Enterprises Private Limited, D.No.13/42 A, Pangampalayam, Sri Lakshmi Nagar, Koduvai, Thiruppur.

2.Goodwill India Poultry Farm, Kovai, No.95, Hope College, Avinashi Road, Coimbatore, 3.M.Shanthi .... Petitioners/Accused 1,2 &5 vs 1.State by The Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore.

2.U.P.Ponnusamy .... Respondents/Complainant (The 2nd respondent was impleaded as per the order of this Court dated 07.01.2014 in M.P.No.3 of 2013) Prayer Criminal Revision is filed under Section 397 r/w 401 of Code of Criminal Procedure, to call for the records pertaining to the order of taking cognizance passed by the learned Special Judge for TNPID Act cases, Coimbatore, in C.C.No.19 of 2013 and set aside the same.

For Petitioners: Mr.T.Padmanabhan For R1 : Mr.R.Shanmugarajeshwaran Government Advocate (Criminal Side) For R2 : Mr.K.V.Sridharan

ORDER

The first respondent registered a case against the revision petitioners and others based on the complaint given by the second respondent herein. After completion of the investigation, the first respondent laid a charge sheet before the Special Court, Coimbatore. The learned Special Judge, taken the cognizance of the offences in C.C.No.19 of 2013. Challenging the said order, the revision petitioners/A1, A2 and A5 have filed the present revision before this Court. The learned counsel for the revision petitioners would submit that after taking cognizance of the offences, the Special Court framed the charges against all the accused and the trial was also commenced. The total witnesses to be examined 3000, out of which, they have examined 1050 witnesses.

Since the cognizance had already taken and the trial is also commenced. At this stage, this Court finds that the revision is not maintainable, the revision case is liable to be dismissed. Accordingly, the Criminal Revision Case is dismissed as infructuous MP is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sbn To 1.The Special Judge, Special Court for TNPID Act Cases, Coimbatore.

2.The Deputy Superintendent of Police, Economics Offences Wing II, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Copy to The Section Officer, Criminal Section, High Court, Madras.

+1cc to M/s.T.Padmanabhan, Advocate Sr.70048 +1cc to M/s.K.V.Sridharan, Advocate Sr.70108 Crl.RC.No.1436 of 2013 and M.P.No.1 of 2013 rsi[co] srg 01/10/2019