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Madras High CourtCRL OP/6545/2022disposed of

Pravin Kumar v. State Through

2022-09-23Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Pravin Kumar ...

Petitioner Vs

1. State through the Inspector of Police, Inspector of Police, Economic Offences Wing - I, Chennai.

Crime No.23 of 2021.

2. The Inspector of Police, CCD-II, Thiruvallur Police Station, Crime No.18 of 2021.

3. The Inspector of Police, CCD-II, Chengalpattu Police Station, Crime No.10 of 2021.

4. The Inspector of Police, CCD-III, Thirunelveli Police Station, Crime No.6 of 2021.

5. The Inspector of Police, CCD-II, Kallakurichi Police Station, Crime No.8 of 2021.

6. The Inspector of Police, CCD-II, Tiruppur City Police Station, Crime No.22 of 2021.

7. The Inspector of Police, CCD-II, Dharmapuri Police Station, Crime No.24 of 2021 ...

Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to withdraw all the FIRs registered against the petitioner and file as single FIR of the 1st respondent/EOW-I, Chennai for the benefit of aggrieved persons and easy disposal of the funds available with the petitioner.

For Petitioners : Mr.N.Ananthapadmanaban For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to withdraw all the FIRs registered against the petitioner and file as single FIR of the 1st respondent/EOW-I, Chennai for the benefit of aggrieved persons and easy disposal of the funds available with the petitioner.

2. Heard Mr.N.Ananthapadmanaban, learned counsel appearing for the petitioner and Mr.E.Raj Thilak, Additional Public Prosecutor appearing for the respondents.

3. The petitioner is an accused in Crime No.23 of 2021 on the file of the first respondent on the allegation that the petitioner induced general public and issued deposits by paying exorbitant interest. However, the petitioner failed to pay the deposit amount. Hence, the first respondent registered an FIR in Crime No.23 of 2021 for the offence punishable under Sections 406 and 420 of IPC and Section 5 of Tamil Nadu Protection of Interest of Depositors (In Financial Establishment) Act, 1997. On the very same set of allegations, so many victims had lodged complaint before various police stations, viz., respondents 2 to 7 herein. In respect of each of the complaints, the respondents 2 to 7 had registered separate FIRs and investigation is pending.

4. The learned counsel appearing for the petitioner would submit that DBI (Digitalization and Implementation Limited) is a Company. The object of the Company was to implement the Central Government programmes by creating software and applications for the benefit of the user in the filed of education, health and other allied fields. The petitioner employed more than 625 people at various places and have been paying monthly emoluments to them. The petitioner had not

engaged by creating branches at the various places in which FIR have been registered. The software application originally designed for use of Internet facility and the deposit amount was not collected by engaging any person at any place. All the transactions were done by means of money transfer to the account at Kodambakkam, Chennai. Therefore, the FIRs registered at various places have to be withdrawn and all the complaints can be treated as one FIR. Therefore, he prayed to withdraw all the FIRs pending on the file of the respondents 2 to 7 herein and all the complainants are treated as witnesses in Crime No.23 of 2021, which has been registered by the first respondent and is pending for investigation.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that for the very same set of allegations, there are so many FIRs registered by the respondents 2 to 7 herein. They are yet to receive other complaints from various victims. If the investigation continuous on the file of the respondents 2 to 7 in all the FIRs, it would create conflict of interest and multiplicity of proceedings.

6. In view of the above, it would be appropriate to direct the respondents 2 to 7 herein to withdraw the FIRs registered at various places and to transfer them to the file of the first respondent. On receipt of the same, the first respondent is directed to treat all the complainants as witnesses in Crime No.23 of 2021 on the file of the first respondent herein and proceed with the investigation in accordance with law.

7. With the above direction, this Criminal Original Petition is disposed of.

23.09.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order Lpp To 1.The Inspector of Police, Economic Offences Wing - I, Chennai.

2. The Inspector of Police, CCD-II, Thiruvallur Police Station.

3. The Inspector of Police, CCD-II, Chengalpattu Police Station.

G.K.ILANTHIRAIYAN. J, Lpp

4. The Inspector of Police, CCD-III, Thirunelveli Police Station.

5. The Inspector of Police, CCD-II, Kallakurichi Police Station.

6. The Inspector of Police, CCD-II, Tiruppur City Police Station.

7. The Inspector of Police, CCD-II, Dharmapuri Police Station.

8.The Public Prosecutor, High Court, Madras.

23.09.2022