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Madras High CourtCRL OP/2277/2016disposed of

Mr. S. Venkatesh, v. The Inspector Of Police,

2016-02-03Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.Nos.2277 to 2301 of 2016 S.Venkatesh ..Petitioner is Crl.O.P.No.2277 of 2016 S.Thavamani ..Petitioner is Crl.O.P.No.2278 of 2016 B. Rakakrishna ..Petitioner is Crl.O.P.No.2279 of 2016 R. Lepakashi ..Petitioner is Crl.O.P.No.2280 of 2016 K. Gajalakshmi Madhu ..Petitioner is Crl.O.P.No.2281 of 2016 P. Shanmugam ..Petitioner is Crl.O.P.No.2282 of 2016 M. Selvi ..Petitioner is Crl.O.P.No.2283 of 2016 M. Sanjula ..Petitioner is Crl.O.P.No.2284 of 2016 V.S. Sundaram ..Petitioner is Crl.O.P.No.2285 of 2016 R. Chandrakumar ..Petitioner is Crl.O.P.No.2286 of R. Saravanan ..Petitioner is Crl.O.P.No.2287 of 2016 T. Divya ..Petitioner is Crl.O.P.No.2288 of 2016 I. Ayesha ..Petitioner is Crl.O.P.No.2289 of 2016 P. Seduraman ..Petitioner is Crl.O.P.No.2290 of 2016 G. Saravanan ..Petitioner is Crl.O.P.No.

2291 of 2016 R. Saraswathy ..Petitioner is Crl.O.P.No.2292 of 2016 M.B. Madhivanan ..Petitioner is Crl.O.P.No.2293 of R. Chandrasekar ..Petitioner is Crl.O.P.No.2294 of K. Chandrasekaran ..Petitioner is Crl.O.P.No.2295 of 2016 E. Shanmugam ..Petitioner is Crl.O.P.No.2296 of 2016 P. Thavamanikandan ..Petitioner is Crl.O.P.No.2297 of 2016 V.S. Krishnaswamy ..Petitioner is Crl.O.P.No.2298 of 2016 D. Raman ..Petitioner is Crl.O.P.No.2299 of 2016 V. Shajimon ..Petitioner is Crl.O.P.No.2300 of 2016 K.H.S. Irfan ..Petitioner is Crl.O.P.No.2301 of 2016 Vs.

1.The Inspector of Police, EOW-II, Chennai.

2.R.V.Narmadha, Proprietor of M/s.India Track, No.100, Mullai Street, Brindavan Nagar, Koyambedu, Chennai - 600 092.

3.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery,

Chennai - 600 007.

.. Respondents in all the WPs.

Common Prayer:-Criminal Original Petitions are filed under Section 482 Cr.P.C., to direct the first respondent to investigate into complaints in FIR No.88 of 2015 and to file a final report now pending on the file of EOW-II and subsequently direct them to furnish the assets belonging to the second respondent within a time frame fixed by this Court. For Petitioner : Mr.M.Aravind Subramaniam For Respondent : Mr.C.Emalias Additional Public Prosecutor (For R1 & R3) COMMON ORDER The petitioners have come forward with these petitions under Section 482 of Code of Criminal Procedure, seeking a direction to the first respondent to investigate the matter and file a final report in Crime No.88 of 2015 on the file of the respondent police for the offences punishable under Sections 406, 420 r/w. 34 IPC.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioners would submit that the petitioners are the depositors to the accused. He further submitted that on the basis of the complaint given by the depositors, a case has been registered in Crime No.88 of 2015 for the offences punishable under Sections 406, 420 r/w. 34 IPC. However, the respondent police has not shown any interest to investigate the matter and lay a final report. Hence, the petitioners have come up with these petitions for the relief as stated above.

4. Resisting the same, the learned Additional Public Prosecutor would submit that some of the depositors have filed a petition before this Court in Crl.O.P.No.230 of 2016, wherein order has been passed by this Court on 06.01.2016, directing the respondent police to investigate the matter and file a final report as expeditiously as possible. He further submitted that so far, 350 complaints have been received and the amount involved is Rs.8 Crores. He would also submitted that the respondent police were effectively investigating the matter and hence, prays for dismissal of these petitions.

5. Considering the rival submissions made on both sides and also considering the fact that the case has been registered on 01.03.2015 for the offences punishable under

Sections 406, 420 r/w. 34 IPC and according to the learned Additional Public Prosecutor, so far they have received 350 complaints from the depositors and the amount involved is Rs.8 Crores and even today, they are receiving complaints from the depositors, the first respondent is directed to complete the investigation and file a final report, as expeditiously as possible.

6. The Criminal Original Petitions are disposed of with the above direction.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar cse To 1.The Inspector of Police, EOW-II, Chennai.

2.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai - 600 007.

3.The Public Prosecutor High Court, Chennai.

+ 25 ccs to Mr.Aravind Subramaniam, Advocate SRF.7254 to 7278 Crl.O.P.Nos.2277 to 2301 of 2016 SCD(CO) EU 17.02.16