Madras High CourtCRL OP/31378/2022disposed of

Raman Muthuswamy v. Deputy Registrar Of Companies

2022-12-16Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA and Crl.MP.Nos.19217 to 19221 & 19224 of 2022 Raman Muthuswamy ... Petitioner Crl.OP.No.31378/2022 Bhujangaraman Ramanujam Mukuntha ... Petitioner Crl.OP.No.31379/2022 Swaminathan Rajavel ... Petitioner Crl.OP.No.31380/2022 - Vs - The Deputy Registrar of Companies, Block No.6, B Wing 2nd Floor, Shastri Bhawan, 26 Haddows Road, Chennai-600 034.

... Respondent in all Crl.OPs.

PRAYER: Criminal Original Petitions are filed under Section 482 of Cr.P.C., to pass an order of direction to the Additional Chief Metropolitan Magistrate, (EO-II Chennai), Economic Offences Cases, Egmore, Chennai to issue Certified copy of the complaint in Copy Application SR.Nos.12327 of 2022 in E.O.C.C.No.73 of 2022, 12328 of 2022 in E.O.C.C.No.73 of 2022 & 12343 of 2022 in E.O.C.C.No.72 of 2022 respectively pending on the file of the Hon'ble Additional Chief Metropolitan Magistrate, (EO-II Chennai), Economic 1/4

Offences Case, Egmore, Chennai.

For Petitioner : Mr.N.Vijayaraghavan in all Crl.OPs.

For Respondent : Mr.Prasad Vijayakumar in all Crl.OPs.

Senior Panel Counsel ***** C O M M O N O R D E R These Criminal Original Petitions have been filed seeking a direction to the Additional Chief Metropolitan Magistrate, (EO-II Chennai), Economic Offences Cases, Egmore, Chennai to issue Certified copy of the complaint in Copy Application SR.Nos.12327 of 2022 in E.O.C.C.No.73 of 2022, 12328 of 2022 in E.O.C.C.No.73 of 2022 & 12343 of 2022 in E.O.C.C.No.72 of 2022 respectively pending on the file of the said Court.

2. The respondent-complainant has filed two complaints against these petitioners and others and on which cognisance has been taken in E.O.C.C.No.72 of 2022 & E.O.C.C.No.73 of 2022. On 30.11.2022, the Court had ordered to issue summons to the accused and the matter stood posted to 30.12.2022. However, the matter has been suo-motu advanced without giving any notice to the parties. The copy applications filed by the petitioners 2/4

seeking certified copies of the complaint is pending.

3. The learned counsel for the petitioner submitted that unless the petitioners are furnished with the copies of the relevant documents, they cannot file proper proceedings in accordance with law and work out their relief.

4. It is reliably learnt that when the case was taken up today by the trial Court, the Court has taken notice of the copy applications and the EOCC is posted to 30.12.2022. Since the copy applications of the petitioners are pending, I feel that it is appropriate to direct the learned Additional Chief Metropolitan Magistrate, (EO-II Chennai), Economic Offences Cases, Egmore, Chennai to dispose of the copy application well before the next hearing i.e., 30.12.2022. Since the above direction is sufficient for now, the matter does not require any further consideration.

5. With the above direction, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. 16.12.2022 Index: Yes/No Speaking / Non Speaking Order kmi Note: Issue Order copy on 19.12.2022 3/4

R.N.MANJULA, J.

kmi To

1. The Deputy Registrar of Companies, Block No.6, B Wing 2nd Floor, Shastri Bhawan, 26 Haddows Road, Chennai-600 034.

2.The Public Prosecutor, High Court, Madras.

and Crl.MP.Nos.19217 to 19221 & 19224 of 2022 16.12.2022 4/4