M/S. Aalam Gold And Diamond Pvt Ltd v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 22.03.2024 Pronounced on C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY and C.M.P.Nos.22443 of 2023, 1033 and 1036 of 2024 M/s.Aalam Gold & Diamond Private Limited, Rep by its Director, Mr.S.Saravana Kumar, Regus, Amarasi Building, Old No.313, New No.455, Block No.75, 7th Floor, Anna Salai, Teynampet, Chennai 600 018.
...Appellant in all the appeals Vs 1.The State of Tamil Nadu, Rep by P.Vedarathinam, Superintendent of Police, Cyber Arangam, IIT Research Park, Chennai, Deputation to V& AC Chennai on OD Basis.
2.M/s.KCP Infra Limited, 1/6
Formerly known as KCP Engineers Pvt Ltd., Rep by its Director, Mr.K.Muthukumarasamy, 8A, 9A, Pricol Caledron Square Building, Peelamedu, Avinashi Road, Coimbatore.
... Respondents in CMA.No.2372 of 2023 1.State Rep by, The Superintendent of Police, Special Investigation Cell, Directorate of Vigilance and Anti-Corruption, Chennai 16 2.M/s.KCP Infra Limited, Formerly known as KCP Engineers Pvt Ltd., 7A, 8A, 9A, Pricol Caledron Square Building, Peelamedu, Avinashi Road, Coimbatore.
... Respondents in CMA.Nos.117 & 121 of 2024 Prayer in CMA.No.2372 of 2023:
Civil Miscellaneous Appeal filed under Section 11 of Criminal Law (Amendment) Ordinance, 1944, to allow the civil miscellaneous appeal by setting aside the order dated 28.07.2023 in Crl.M.P.No.10 of 2022 in Crime No.16 of 2021 on the file of the Special Court for the cases under Prevention of Corruption Act, Chennai.
Prayer in CMA.Nos.117 & 121 of 2024:
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Civil Miscellaneous Appeal filed under Section 11 of Criminal Law (Amendment) Ordinance, 1944, to allow the civil miscellaneous appeal by setting aside the order dated 26.07.2023 in Crl.M.P.Nos.744 & 745 of 2023 in Crl.M.P.No.10 of 2022 in Crime No.16/AC/2021/SIC, on the file of the Special Court for the cases under Prevention of Corruption Act, Chennai. For Appellant in all the appeals : Mr.John Sathyan, Senior counsel Represented by Mr.P.Divakar For R1 in all appeals : Mr.P.S.Raman, Advocate General Assisted by Mr.Edwin Prabakaran, State Government Pleader, Ms.R.Anitha, Special Government Pleader, Mr.R.Muniyapparaj, Additional Public Prosecutor and Mr.R.Siddharth, Government Advocate For R2 in all appeals : Mr.D.Ganesh Raj COMMON JUDGMENT The appeal in CMA.No.2372 of 2023 was filed against the order dated 28.07.2023 in Crl.M.P.No.10 of 2022 in Crime No.16 of 2021. 3/6
2. The appeals in CMA.Nos.117 and 121 of 2024 was filed against the order dated 26.07.2023 in Crl.M.P.Nos.744 & 745 of 2023 in Crl.M.P.No.10 of 2022 respectively.
3. The learned Advocate General appearing for the 1st respondent would submit that the appellant-M/s.Aalam Gold and Diamond Private Limited was arrayed as A15 in the FIR, which was registered in Crime No.16 of 2021.
4. After investigation, the 1st respondent came to know that the appellantCompany had not involved in any of the allegations mentioned in the FIR and hence, the appellant-Company was removed from the charge sheet dated 01.03.2023. Therefore, the learned Advocate General would submit that since the appellant-Company was removed from the charge sheet, the present appeals become infructuous.
5. By recording the above submissions made by the learned Advocate General appearing for the 1st respondent, these appeals are dismissed as infructuous. No cost. Consequently, the connected miscellaneous petitions are also closed.
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Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa 5/6
KRISHNAN RAMASAMY,J.
nsa & C.M.P.Nos.22443 of 2023, 1033 and 1036 of 2024 (1/2) 6/6