S.Rajesh Kumar v. The Additional Superintendent Of Polcie

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.22517 of 2022 S.Rajesh Kumar ...

Petitioner Vs.

The Additional Superintendent of Police, Economic Offences Crime Branch, Ashok Nagar, Chennai - 600083.

...

Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent to permit/allow the respondent to enquire/investigate the matter in the presence of petitioner's lawyer Shri.R.Ganesan, (Ms.16/1984) Phone: 9443998986 residing at No.22/108, Madthuritha Apartment, 16th cross street, Besant Nagar, Chennai - 600 090, or any other suitable impartial neutral person deemed fit and proper to be nominated by this Court during the enquiry in the interest of justice.

For Petitioner : Ms.S.Janani Rajalaxmi For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition is filed to direct the respondent to permit/allow the respondent to enquire/investigate the matter in the presence of petitioner's lawyer Shri.R.Ganesan, (Ms.16/1984) Phone: 9443998986 residing at No.22/108, Madthuritha Apartment, 16th cross street, Besant Nagar, Chennai - 600 090, or any other suitable impartial neutral person deemed fit and proper to be nominated by this Court during the enquiry in the interest of justice. 2.The learned Government Advocate (Crl.Side) submitted that the petitioner is not an accused in Crime No.7 of 2022. This case was registered against M/s.Aarudhra Gold Trading Pvt Ltd., and others. The petitioner had taken the Directors of the Company to abroad, therefore, the petitioner's presence is required for enquiry.

Only for the purpose of enquiry, the petitioner's presence was required. Though summons were sent on three occasions, petitioner had not appeared before the respondent for enquiry. 3.Considering the limited scope of the prayer involved in this case, the petitioner is permitted to have the service of a Lawyer, but the Lawyer shall not interfere during the course of interrogation of the petitioner.

clear that the Lawyer is not entitled to be present with the petitioner when the petitioner is enquired.

4.Accordingly, this Criminal Original Petition is disposed of. 19.12.2022 sli Internet:Yes Index:Yes/No Speaking/Non speaking order To:

1.The Additional Superintendent of Police, Economic Offences Crime Branch, Ashok Nagar, Chennai - 600083.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

sli Crl.O.P. No.22517 of 2022 19.12.2022 4/4