S. Sigamani v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.S.Sigamani 2.N.Nandhakumar 3.D.Ezhumalai 4.N.Karunamoorthi 5.R.Annamalai 6.D.Mohanapriya 7.J.Sekar 8.E.Prakash 9.J.Jaya 10.S.Sabarinathan 11.A.Marimuthu 12.G.Manikandan 13.S.Dhanaselvi
14.M.Krishnamurthy 15.V.Suresh 16.M.Thiruneelakandan 17.S.Mangalampigai 18.R.Periyathambi 19.M.Sangeetha 20.M.Mohammed John 21.J.Navas 22.S.Shakila 23.A.Lakshmanasamy 24.D.Pushpanathan 25.M.Nithiyanandham 26.U.Balakrishnan 27.E.Dilliraja 28.G.Sinouvassan 29.K.Srinivasan 30.V.Rajendiran 31.S.Barani
32.M.Tamizharasi 33.P.Jayapal 34.T.Kuppusamy 35.R.Sivagami 36.R.Purushottaman 37.A.Jakir Hussain 38.K.Rahamed Basha
...Petitioners
Vs.
1.The State rep. By The Superintendent of Police, Villupuram District.
2.Inspector of Police, District Crime Branch, Villupuram District.
(Crime No.47 of 2022)
...Respondents
Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the 2nd respondent to receive their complaint as a victims and record their statements under Section 161 of Cr.P.C. and proceed accordance with law in Crime No.47 of 2022 on the file of the 2nd respondent Police.
For Petitioner : Mr.Swamisubramanian For Respondents :Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side) (For R1)
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent to receive their complaint as a victims and record their statements under Section 161 of Cr.P.C. and proceed in accordance with law in Crime No.47 of 2022 on the file of the 2nd respondent Police. 2.The learned counsel for the petitioners submitted that First Information Report in Cr.No.47 of 2022 was registered for the offences under Sections 406, 420, 109 and 120B I.P.C. against one Mayakrishnan and 7 others. The allegations from the First Information Report are that the accused named Great India Trading Academy & Great India Marketing Company invited deposits from the general public on the promise of paying double the amount of amount deposited. On that promise, the petitioners had invested huge amount. But the accused without paying the amount promised, cheated the petitioners. Though the First Information Report was registered on 29.12.2022 and despite the complaints given by the petitioners, petitioners are not examined either as complainants or as witnesses, necessitating filing of this petition.
3.The learned Government Advocate (Criminal side) submitted that witnesses 1, 3, 6, 7, 8, 10, 12, 14, 15, 17, 19, 21, 24, 29, 32, 33, 35 and 36. Of the 38 petitioners, 18 petitioners namely petitioner Nos. 1, 3, 6, 7, 8, 10, 12, 14, 15, 17, 19, 21, 24, 29, 32, 33, 35 and 36 had been examined as witnesses and their statements were recorded under Section 161 Cr.P.C. If other petitioners produce evidence supporting the investment, they would also be examined as witnesses and their statement would be recorded. 4.In view of the submission of learned Government Advocate (Criminal side) that out of 38 petitioners 18 had already been examined as witnesses, the remaining petitioners would be examined, if they produce necessary evidence in support of their investment, this Court directs the remaining petitioners to produce evidence in support of their investment with the accused. On such production of documents, respondent Police is directed to examine them as witnesses and record their statements under Section 161 Cr.P.C.
5.With the above direction and observation, this Criminal Original Petition is disposed of.
22.06.2023 Index: Yes/No Speaking/Non speaking order ep
G.CHANDRASEKHARAN, J.
ep To 1.The State rep. By The Superintendent of Police, Villupuram District.
2.Inspector of Police, District Crime Branch, Villupuram District.
3.The Public Prosecutor, High Court, Madras.
22.06.2023