← Library
Madras High CourtCRL MP/151/2023ordered

M/S.Dbs Bank India Ltd v. The Superintendent Of Police

2023-01-06Honourable Ms Justice R.N.Manjula2 pages

Crl.M.P.Nos.151 and 152 of 2023 in Crl.O.P.Nos.25491 and 25721 of 2021 R.N.MANJULA,J.

These petitions are filed to implead the proposed respondents 3 and 4 as respondents 3 and 4 in the respective Criminal Original Petitions.

2. The petitioner who is the defacto complainant has filed two original petitions for the purpose of transferring investigation in respect of Crime Nos.8 and 9 of 2019 to some other agency. During the pendency of the same, the petitioner has also filed two Miscellaneous petitions in Crl.M.P.Nos.18777 and 18778 of 2022 in the respective Criminal Original Petitions to sell the pledged paddy bags involved in the offence in open auction and to deposit the amount in the credit of the Crime No. or in the account of the accused.

3. There is no quarrel about the ownership of the paddy crops, subject to its hypothecation. The petitioner is a bank who has issued loans by getting commodity as security. Even though the proposed respondents have pledged the paddy bags before selling it in open auction, it is essential to hear them also. In order to accommodate the said members, the petitioner has filed these petitions to implead the proposed respondents who are the accused 1 and 2 also as parties to the Criminal Original Petitions as well as in the connected https://www.mhc.tn.gov.in/judis

R.N.MANJULA,J.

vum Miscellaneous Petitions filed for selling of the commodities. Hence I feel it is appropriate to implead the proposed respondents as parties to the proceedings in the interest of justice. The Miscellaneous petitions are allowed. The respondents 3 and 4 are ordered to be impleaded as respondents 3 and 4 in the respective Criminal Original Petitions and the connected Miscellaneous Petitions.

06.01.2023 (1⁄2) vum Note: Registry is directed to carry out the necessary amendment in the cause title of the main Criminal Original Petitions and Crl.M.P.Nos.18777 and 18778 fo 2021 Crl.M.P.Nos.151 and 152 of 2023 in Crl.O.P.Nos.25491 and 25721 of 2021 06.01.2023 https://www.mhc.tn.gov.in/judis