P. Kandasamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.23876 of 2015 1.P.Kandasamy 2.T.Manikandan 3.C.Kumar 4.P.Palanisamy 5.P.Subramani 6.C.Rajendran 7.G.Thukka Gounder 8.P.Kumar 9.G.Kandasamy 10.V.Elumalai 11.C.Sundaram 12.T.Nagarathinam 13.P.Prakash ... Petitioners Vs State of Tamil Nadu Rep by Deputy Superintendent of Police, Economic Offences Wing-II, Salem.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the Trial Court, namely, The Special Judge under TNPID [in financial Establishments] Act, Coimbatore to pronounce orders on the discharge petition filed by these petitioners in Crl.M.P.No.941 of 2014 in CC.No.34 of 2013 at the earliest. For Petitioners : Mr.Vijayakumar for Mr.Kumar For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the learned Special Judge, TNPID Act, Coimbatore to pronounce orders on the discharge petition filed by these petitioners in Crl.M.P.No.941 of 2014 in CC.No.34 of 2013 at the earliest.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor for the respondent and perused the materials placed on record.

3. It is seen that the petitioners are accused in CC.No.34 of 2013 under Section 5 of TNPID Act, Coimbatore. The petitioners filed an application for discharge under Section 239 Cr.P.C in the year 2013 and the police also have filed their counter in the discharge applications. The Trial Court heard the arguments of both sides on 23.06.2015. While so, the respondent police have filed an application under Section 173[8] Cr.P.C for further investigation and the Trial Court has also permitted the police to conduct further investigation. In those circumstances, the Trial Court has passed the following order:

"Diary Extract of CC.No.34 of 2013 16.07.2015 : A2 NBW A4, A7, A10. A13 absent petition filed and allowed other present memo filed by counsel for accused remand regarding discharge petition CMPs for return of vehicle pending discharge petition is postponed in pursuance to order passed in further investigation petition call on 13.08.2015."

4. Mr.Vijayakumar, learned counsel appearing for the petitioners submitted that, the Trial Court should pass some order this way or the other on the discharge application and cannot keep it pending.

5. This Court is unable to countenance his argument, inasmuch as when further investigation has been ordered, one cannot presuppose its results. May be, the police may file a additional final report in favour of the petitioners or that they may collect further materials against the petitioners in the supplementary report. Therefore, the order of the Trial Court in not passing any orders on the discharge application cannot be faulted.

Hence, the petition is devoid of merits and stands dismissed. -sd/- ASSISTANT REGISTRAR / TRUE COPY / SUB-ASSISTANT REGISTRAR gya

To 1.The Deputy Superintendent of Police, Economic Offences Wing-II, Salem.

2.The Public Prosecutor, High Court, Madras.

+1 CC to MR.Kumar ADVOCATE. SR.NO. 51847 CRL.OP.No.23876 of 2015 COJD 08/10/2015