Sri. R. Panchapakesan v. The Assistant Register Of Companies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 2308 of 2022 & Crl.MP.Nos. 1009 & 1010 of 2022 1 SRI. R. PANCHAPAKESAN DIRECTOR OF SEA HORSE HOSPITAL LIMITED S/O S.N. RAMASAMY LYER 77 BUTTERWORTH ROAD TRICHY-2 2 C.S. PURUSHOTHAMAN DIRECTOR OF SEA HORSE HOSPITAL LIMITED S.O SRI CHINNA KANNAN 20 KESAVA NAGAR ANNA STADIUM TIRCHY -23 ...petitioners Vs.

1 THE ASSISTANT REGISTER OF CO MPANIES HAVING OFFICE AT SHASTRI BHAVAN II FLOOR 26 HADDOWS ROAD CHENNAI -6

...Respondent

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to quash the complaint in EOCC No.274/2005 filed by the respondent above named and pending on the file of the Additional Chief Metropolitan

Magistrate Economic Offences-I Egmore Chennai 600008. For Petitioner : Mr. Arun Anbumani For Respondent : Mr. B.Ramprabhu

ORDER

The petitioner herein filed this petition to quash the complaint in EOCC No.274/2005 filed by the respondent above named and pending on the file of the Additional Chief Metropolitan Magistrate Economic OffencesI Egmore Chennai 600008.

2. The learned counsel for the respondent submits that this petitioner were already filed the petition before this Court and the same was dismissed on 09.01.2013. By way of reply, the learned counsel for the petitioner admitted the said order but for the same relief the petitioner came forward before this Court and this Court has passed order on 13.11.2023 and quashed the proceedings in E.O.C Nos. 841/2002, 586 to 588 of 2002, by stating that there is no materials against the petitioner to prosecute them.

3. On perusal of the records, it reveals that on 13.11.2023, this Court passed an order and quashed the proceedings against the petitioners/accused persons. As on date, the petitioners were already relieved from the case who were directors of Sea horse hospital and the same was sold to other hospital groups and it is running by complying all the terms. Admittedly, as on date there is no private complaint against the petitioner from any of the individual. In view of the above, the complaint in EOCC No.274/2005 is hereby quashed.

4. In the result, this petition is allowed. No Costs. Consequentially, connected miscellaneous petitions are closed. 02.02.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 2308 of 2022 & Crl.MP.No. 1009 & 1010 of 2022 02.02.2024