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Madras High CourtCRL OP/30087/2019dismissed

S.Veeraiyan v. The State Rep By

2021-09-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.30087 OF 2019 AND CRL.M.P.NO.16279 OF 2019

1. S.Veeraiyan

2. V.Pappa ... Petitioners/Accused .Vs.

1. The State rep. by Deputy Superintendent of Police, Economic Offence Wing-II, Villupuram, Villupuram District.

2. Rani ... Respondents/Complainant, Defacto Complainant PRAYER:- Petition filed under Section 482 of Cr.P.C., to quash the FIR in Cr.No.1/2019 pending on the file of the State represent by Deputy Superintendent of Police, Economic Offence Wing-II, Villupuram, the respondent herein, as against them. For petitioner :

Mr.E.Kanndasan For RR1 :

Mr.A.Gopinath Government Advocate (Criminal Side)

O R D E R

The petitioner has filed this petition seeking to quash the FIR in Cr.No.1/2019, pending on the file of the Deputy Superintendent of Police, Economic Offence Wing-II, Villupuram, the respondent herein.

2. Though this petition has been filed to quash the FIR, parallely one of the depositor has also filed a petition before https://hcservices.ecourts.gov.in/hcservices/

this Court in Crl.O.P.No.30111 of 2019 to form an appropriate committee for the purpose of consolidation of all the monies and assets of M/s.Alwin Golden Limited and for proper distribution of the same to the depositors. The matter was taken up for hearing and this Court, vide order of even date, has directed the respondent therein to take steps for attaching the properties of the 2nd respondent under Section 3 of the TNPID Act and also to comply with the provisions of the TNPID Act on or before 04.10.2021.

3. In view of the affirmative direction issued by this Court in the said Criminal Original Petition, to form appropriate committee for the purpose of consolidation of all the monies and assets of M/s.Alwin Golden Limited, the complaint entertaining the present petition in any form, at the threshold will frustrate the said order in Crl.O.P.No.30111 of 2019 and would act in detriment to the interest of the depositors. Therefore, this Court is not inclined to quash the FIR.

4. For the reasons aforesaid, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sk To 1.

The Deputy Superintendent of Police, Economic Offence Wing-II, Villupuram, Villupuram District.

2.

The Public Prosecutor, High Court of Madras, Chennai - 600 104.

CRL.O.P.NO.30087 OF 2019 NMI(CO) PBS/25/10/2021 https://hcservices.ecourts.gov.in/hcservices/