T.S.Raghavan v. The Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.18484 of 2020 T.S.Raghavan ...

Petitioner Vs.

1.The Inspector, Economic Offences Wing II Thiru-Vi-Ka, Industrial Estate, Guindy, Chennai - 32.

2.The General Manager (Customer Relations) City Union Bank Ltd, Administrative Office, Gandhi Nagar, Kumbakonam - 612 001....

Respondent Prayer: The Criminal Original Petition has been filed under Section 482 CR.P.C to direct the Special Court under TNPID Act, Chennai pending trail in Crl.M.P.No.1322 of 2019 against Crime No.05/2013 to dispose the case as expeditiously possible.

For Petitioner : Mr.Ramaswamy Meyyappan For Respondents : Ms.Prabhavathi Additional Public Prosecutor

ORDER

Seeking a direction to the Special Court, TNPID Act, Chennai to dispose of Crl.M.P.No.1322 of 2019 in Crime No.05/2013 expeditiously, the criminal original petition has been preferred by the petitioner. 1/5

2.Crl.M.P.No.1322 of 2019 has been laid by the petitioner for defreezing the accounts detailed in the petition maintained with the City Union Bank, Kumbakonam Branch for the reasons disclosed in the said petition. 3.It appears that the Special Public Prosecutor (Criminal) had taken notice on behalf of the respondents in the Criminal Miscellaneous Petition and took time for filing counter on 20.09.2019. Thereafter, as could be seen from the adjudication of the Court below, the matter stood adjourned repeatedly for the counter of the respondents and the matter has not been disposed of by the Court below one way or the other. Aggrieved over the same, the petitioner has come forward with the present criminal original petition for an appropriate direction to the Court below to dispose of the abovesaid criminal original petition.

4.The Additional Public Prosecutor, who had taken notice on behalf of the respondents, submitted that a suitable direction may be given to the concerned Court to dispose of the Criminal Miscellaneous Petition and she would also give instruction to the respondents to file the counter and have the matter disposed of as per law.

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5.Considering the facts and circumstances of the case, it is seen that the petition preferred by the petitioner for defreezing the accounts is kept pending for want of counter on behalf of the respondents. However, for that reason, it cannot be kept endlessly pending. In such view of the matter, in my considered opinion, by giving a suitable direction to the Court below to dispose of the matter within a particular time frame, no prejudice would be caused to either of the parties by giving such a direction.

For the reasons aforestated, the Special Court under TNPID Act, Chennai is directed to dispose of Crl.M.P.No.1322 of 2019 within a period of four weeks from the date of receipt of a copy of this order in accordance with law. Accordingly, the criminal original petition is disposed of. Index : Yes/No Internet : Yes/No sms 24.11.2020 To 1.The Inspector, Economic Offences Wing II Thiru-Vi-Ka, Industrial Estate, Guindy, Chennai - 32.

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2.The General Manager (Customer Relations) City Union Bank Ltd, Administrative Office, Gandhi Nagar, Kumbakonam - 612 001 3.The Public Prosecutor, High Court, Madras.

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T.RAVINDRAN,J.

sms Crl.O.P.No.18484 of 2020 24.11.2020 5/5