Lakshminarayanan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.NO.14703 OF 2022 AND W.M.P.NOS.13905 & 13906 OF 2022

1. Lakshminarayanan Director, LNS International Financial Services Ltd.

2. Sundaram Bakthavachalam Director, LNS International Financial Services Ltd.

3. Vedhanarayanan Director, LNS International Financial Services Ltd.

... Petitioner Vs.

1. The Deputy Superintendent of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

2. The Superintendent of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

3. The Inspector of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ, Order or Direction in the nature of Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in proceedings No. Nil dated 16.05.2022 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent not to

continue any proceedings in respect to the Company namely LNS International Financial Services Ltd. having its registered office at Tamarai Tech Park, Level S.P.Plot, No.16-19 & 20-A, Thiru Vi Ka Industrial Estate, Inner Ring Road, Guindy, Chennai - 600 032.

For Petitioner : Mr.V.Raghavachari For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking to quash the notice dated 16.05.2022 issued by the first respondent for appearance of the petitioner for enquiry in respect of alleged transaction which appears to be an economic crime.

2. Mr.V.Raghavachari, learned counsel for the petitioner submitted that without any complaint the police themselves has issued such a notice.

3. On his submission, this Court adjourned the matter today to get instructions from the concerned Police. Today, on sealed cover, the materials are produced before this Court and there are two specific complaints alleging certain irregularities and making allegations against the petitioner which are pending before the respondent Police.

4. In such view of the matter, this Court is not inclined to interfere with the investigation and the respondent Police are directed to issue a fresh notice to the petitioner indicating the name of the complainant for appearance of the petitioner. On such notice being received, the petitioner shall cooperate with the investigation and the respondent shall conduct preliminary enquiry as per the direction contained in the judgment of the Hon'ble Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] and proceed further as per law.

5. With the above directions, this Writ Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ham/rgi

To

1. The Deputy Superintendent of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

2. The Superintendent of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

3. The Inspector of Police, Economic Offences Wing - II, HQRS, PTC, Ashok Nagar, Chennai - 600 083.

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.V.Raghavachari, Advocate, S.R.No.36842 W.P.No.14703 of 2022 and W.M.P.Nos.13905 & 13906 of 2022 GJ(CO) RLP(28/06/2022)