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Madras High CourtCRL OP/27111/2018disposed of

Nandhi Group Auto Finance v. The Deputy Superintendent Of Police

2018-11-22Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.27111 of 2018 and Crl.M.P.No.15663 of 2018 1.Nandhi Group Auto Finance, D.No.7/46, Main Road, Dasavanaickenpatti, Vellaloil, Kangayam Taluk, Tiruppur District.

2.Nandhi Group Shree Bairava Investments, D.No.7/46, Main Road, Dasavanaickenpatti, Vellaloil, Kangayam Taluk, Tiruppur District.

3.Nandhi Group Shree Bairava Auto Finance, D.No.7/46, Main Road, Dasavanaickenpatti, Vellaloil, Kangayam Taluk, Tiruppur District.

4.Arul Nandhi Auto Finance, D.No.7/46, Main Road, Dasavanaickenpatti, Vellaloil, Kangayam Taluk, Tiruppur District.

5.Athanur Amman Auto Finance, D.No.7/46, Main Road, Dasavanaickenpatti, Vellaloil, Kangayam Taluk, Tiruppur District.

6.S.P.Kalaimani

7.M.Palanisamy Gounder 8.R.Sivasubramani : Petitioners / Accused A1 to A7 & A9 Vs.

1.The Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore.

(In FIR NO.03 of 2015) :1st Respondent / Complainant 2.Durai Nachimuthu.P : 2nd Respondent/ De-Facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in C.C.No.03 of 2018 on the file of the Special Court Under Tamilnadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Coimbatore and quash the same.

For Petitioners : Mr.M.R.Thangavel For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed challenging the proceedings in C.C.No.3 of 2018, pending on the file of the Special Court Under Tamilnadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997, Coimbatore.

2.The petitioners are arrayed as A1 to A7 and A9 in the final report. The respondent police have filed a final report for the offences under Sections 120-B, 406 and 420 of IPC and Section 5 of the Tamilnadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997.

3.The learned counsel for the petitioners has raised various issues in order to impress upon this Court to entertain this petition. All the issues that have been raised by the learned counsel for the petitioners are factual in nature and the same has to be raised only before the Court below in the course of the proceedings. The Court below shall consider the same on its own merits and in accordance with law. This Court does not want to interfere with the proceedings at this stage.

4.Accordingly, this Criminal Original Petition is dismissed. Consequently, Crl.M.P.No.15663 of 2018 is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsg1/gsp To 1.The Special Court Under Tamilnadu Protection of Interests of Deposito (In Financial Establishments) Act, 1997, Coimbatore.

2.The Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore.

3.The Public Prosecutor, High Court, Madras-104.

+1cc to Mr.C.Anbu, Advocate, S.R.No.79746 Crl.O.P.No.27111 of 2018 and Crl.M.P.No.15663 of 2018 KK(CO) GSP(11/12/2018)