Nakka Kalpana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8417 of 2022 Nakka Kalpana, W/o.Rajesh Kumar Nakka ... Petitioner Vs 1.The District Collector, Tiruvallur District.

2.The State Represented by The Deputy Superintendent of Police, EOW II, Chennai.

(Crime No.26 of 2021) ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent herein to take steps for identifying the properties of the accused in First Information Report in Crime No.26 of 2021 on the file of the second respondent herein and proceed for attachment in accordance with the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997 on the basis of the petitioner representation dated 21.02.2022. For Petitioner : Mr.G.Magesh Kumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This petition has been filed, to direct the second respondent herein to take steps for identifying the properties of the accused in First Information Report in Crime No.26 of 2021 on the file of the second respondent herein and proceed for attachment in accordance with the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997 on the basis of the petitioner representation dated 21.02.2022.

2. The learned counsel for the petitioner would submit that the petitioner is a depositor and victim in the financial institution run by the accused in the name and style of "Rafoll Groups". The petitioner and her family members have altogether deposited an amount of Rs.22,25,000/- in the above said company.

3. The learned counsel for the petitioner would further submit that though the second respondent police has registered a case in Crime No.26 of 2021 against the accused, the second respondent has not taken any steps to identify the properties owned by the accused company.

4. Per contra, the learned Additional Public Prosecutor for the respondents would submit that the second respondent police is taking every steps to identify the properties owned by the accused company. He would further submit that, if at all, the petitioner has any information with regard to other properties belonging to the accused company, the respondents are also ready to receive the same. He would further submit that the investigation is being done in a proper manner.

5. In view of the above, this Criminal Original Petition stands disposed of, and in the event of the petitioner giving any genuine information with regard to the properties of the accused company, it shall also be taken into consideration by the respondents.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rgm/arb To 1.The District Collector, Tiruvallur District.

2.The Deputy Superintendent of Police, EOW II, Chennai.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8417 of 2022 skm[co] srg 04/05/2022