A.Muthukumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13680 of 2025 A.Muthukumar ....

Petitioner Vs State by The Inspector of Police Economic Offences Wing -II, Coimbatore.

Cr.NO.1 of 2016 ....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police to recover the amount from the Ponnusamy, Thenral Avenue land owners namely T.R.Manickam, R.Thangaraj, R.Rangaraj and Vijayalakshmi, Myilsamy, Natarajan, Ramathal and Jayarani as contemplated U/s 3 of TNPID Act in connection with Crime No.1 of 2016 in C.C.No.5 of 2017 on the file of the Special Judge, Special Court under TNPID Act, 1977, Coimbatore.

For Petitioner : Mr.V.M.R.Rajentran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent police to recover the amount from Ponnusamy and Thenral Avenue land owners namely T.R.Manickam, R.Thangaraj, R.Rangaraj and Vijayalakshmi, Myilsamy, Natarajan, Ramathal and Jayarani, as contemplated U/s 3 of TNPID Act in connection with Crime No.1 of 2016 in C.C.No.5 of 2017 on the file of the Special Judge, Special Court under TNPID Act, 1977, Coimbatore.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen from the records that the petitioner has been convicted for the offence punishable under Section 420 of IPC. The case of the petitioner is that the amounts, which has been received from the depositors, are lying with one Ponnusamy and therefore, he seeks recovery from the said Ponnusamy. He also claims to have settled some of the depositors. However, this petition has been filed only after conviction. That apart, the said Ponnusamy is neither an accused in the case nor are there any specific averments against him in the charge sheet.

4. In view of the above, the direction sought for in this petition cannot be granted, that too, after conviction of the petitioner and while he is facing sentence. Accordingly, this Criminal Original Petition stands dismissed.

29.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Special Judge, Special Court under TNPID Act, Coimbatore.

2.The Inspector of Police Economic Offences Wing -II, Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.13680 of 2025 29.04.2025