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Madras High CourtCRL OP/25689/2021closed

Nanda Kumar v. State Rep By

2023-07-21Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and Crl.M.P.Nos.14259, 14260 & 14262 of 2021 Nandaa Kumar ... Petitioner Vs.

1.State of Tamil Nadu, Rep., by Deputy Superintendent of Police, Crime Branch CID, Organised Crime Unit-I, Chennai - 600 008.

(FIR in Crime No.2/2021) 2.The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

3.The Director General of Police, Dr. Radhakrishnan Salai Road, Mylapore, Chennai - 600 004.

4.The Superintendent of Police, CBCID, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai - 600 008.

5.R.Sundaresan ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the correspondences dated 03.03.2021 issued by the respondent No.1 to the Banker of the petitioner in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Cr.No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act; and to direct the respondent No.1 to provide copy of correspondence dated 09.03.2021 issued by the respondent No.1 to the Sub Registrar Office, Guduvanchery, Chengalpet in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Crime No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act, 1983 to the petitioner; and to annul or nullify the correspondence dated 09.03.2021 issued by the respondent No.1 to the Sub-Registrar Office, Guduvanchery, Chengalpet in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Cr. No.02/2021, u/s.420, 506(i) IPC & Section 10 r/w Section 24 Emigration Act, 1983.

For Petitioner ... Mr. Richardson Wilson For Respondents ... Mr. L. Baskaran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to call for the records and quash the correspondences dated 03.03.2021 issued by the respondent No.1 to the Banker of the petitioner in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Cr.No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act; and to provide copy of correspondence dated 09.03.2021 issued by the respondent No.1 to the Sub Registrar Office, Guduvanchery, Chengalpet in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Crime No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act, 1983 to the petitioner; and to annul or nullify the same. 2.

All the prayers are with regard to quash the correspondence dated 03.03.2021 by the respondent No.1 to the banker with regard to C.No.Crime I (3)/963/13101/2020 and provide copy of the correspondence dated 09.03.2021 issued by respondent No.1 pertaining to C.No.Crime I (3)/963/13101/2020; and nullify the same and these are only the correspondence made by the first respondent to the banker as well the Sub

Registrar, Guduvanchery. In pursuance of the correspondence made by the first respondent police, what action had been taken by the concerned authorities not filed.

4.

Under these circumstances, challenging the order being the correspondence made by the first respondent to the banker as well the Sub Registrar, Guduvenchery, cannot be entertained and there is no merit in the criminal original petition.

5.

Hence, this Criminal Original Petition is dismissed, with liberty to the petitioner to challenge the order passed in pursuance of the impugned correspondence made by the first respondent. Consequently, connected miscellaneous petitions are closed. 21.07.2023 Index : Yes/No AT

To 1.The Deputy Superintendent of Police, State of Tamil Nadu, Crime Branch CID, Organised Crime Unit-I, Chennai - 600 008.

(FIR in Crime No.2/2021) 2.The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

3.The Director General of Police, Dr. Radhakrishnan Salai Road, Mylapore, Chennai - 600 004.

4.The Superintendent of Police, CBCID, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai - 600 008.

V.SIVAGNANAM ,J.

AT Crl.O.P.No.25689 of 2021 and Crl.M.P.Nos.14259, 14260 & 14262 of 2021 21.07.2023