Hijau Victims Nala Sangam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Hijau Victims Nala Sangam, Represented by Secretary Balaji, No.12, Mallikesvar Koil South Street, First Floor, Mannady, Chennai - 600001.

... Petitioner Vs

1. State Rep. by, The Deputy Superintendent of Police, HQRS Police Station, Economic Offence Wing, Chennai.

2. The Director, Central Bureau of Investigation, No.26, 3rd Floor, Haddows Road, Shastri Bhavan, Chennai - 600006.

... Respondents Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, to transfer and hand over the investigation in C.C.No.10 of 2023 in Crime No.21 of 2022 on the file of the TNPID Court, Chennai to the second respondent for comprehensive trial and direction for expeditious execution of pending Non Bailable Warrants against the absconding accused and subsequently direct to take immediate steps for the 1/6

attachment of all movable and immovable properties of the accused before the TNPID Court, Chennai.

For Petitioner : Mr. D.Selvam For Respondents : Mr.R.Vinothraja, Govt. Advocate (Crl. Side) for R1

O R D E R

This Writ Petition has been filed to transfer the entire investigation in C.C.No.10 of 2023 in Crime No.21 of 2022 from the file of the TNPID Court, Chennai, to the second respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The first respondent, after registering the First Information Report in Crime No.21 of 2022, completed the investigation and filed a final report. It has been taken cognizance of by the Trial Court in C.C.No.10 of 2023 for the offences punishable under Sections 120B, 409, 420, 109 & 34 2/6

of IPC r/w 5 of Tamil Nadu Protection of Interest of Depositors Act, 1997, r/w Sections 21(3), 22, 23, 24 & 25 of the Banning of Unregulated Deposit Schemes Act, 2019. The only grievance of the petitioner is that the main accused is not yet secured by the first respondent.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent, on instructions, states that after completion of investigation, the first respondent filed a final report and the same has been taken cognizance in C.C.No.10 of 2023. That apart, insofar as other victims, further investigation was conducted and after completion of the same, an additional report was also filed. Now, on receipt of new complaints from the other victims, further investigation is in progress. He would further submit that the first respondent, during investigation, 156 properties were identified from the accused and also sent a proposal to attach the same. Insofar as the cash is concerned, an amount of Rs.43 crores.

5. Insofar as A3, A5, and A15 are in abroad, and they are also taking steps to bring them to India. Therefore, now the transfer of investigation does not arise, since already the investigation is completed and 3/6

the final report has been filed. Only in respect of new complaints, further investigation is pending on the file of the first respondent.

6. In view of the above, the first respondent is directed to complete the further investigation and file an additional report, if any, before the Trial Court. The first respondent is also directed to take appropriate steps to secure A3, A5, and A15 so as to proceed with the trial as against the accused.

7. With the above directions, this Writ Petition is disposed of. No costs.

03.04.2025 Index:Yes/No kv To

1. The Deputy Superintendent of Police, HQRS Police Station, Economic Offence Wing, Chennai.

4/6

2. The Director, Central Bureau of Investigation, No.26, 3rd Floor, Haddows Road, Shastri Bhavan, Chennai - 600006.

3. The Public Prosecutor, High Court of Madras.

5/6

G.K.ILANTHIRAIYAN, J.

kv 03.04.2025 6/6