T. Ponnarasan v. The Inspsector Of Police
CRL MP(MD). No.7329 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Sixteenth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD). No.7329 of 2022 in CRL OP(MD).No. 14023 of 2019 The Inspector of Police Crime Branch CID, Nagercoil, Kanyakumari District.
... Petitioner/Respondent/Complainant Vs 1 P. Udhayakumar ... Respondent/Respondent/Accused 2 Mr.Rais Ahamed, Director to the Government of India, Ministry of Home Affairs (FCRA Wing), 1st Floor, B Wing, City Centre-II, Jaisingh Road , Opposite Juntar Mantar, New Delhi.
... Respondent/Respondent/Defacto Complainant Prayer in CRL MP(MD). No.7329 of 2022 :- This Petition filed under Section 482 of Cr. P.C., praying this Court to accept the affidavit and grant further six months time to file final report in CRL.M.P.(MD).No.10920/2021 in Crl.O.P.(MD). No.14023/2019 dt 09.12.2021 in Cr.No.2/2012 on the file of Crime Branch CID Kanyakumari District.
Prayer in CRL OP(MD). 14023/ 2019 :- This Petition filed under Section 482 of Cr. P.C., praying this Court to Call for the records pertaining to the first Information Report in Cr.No.2 of 2012 on the file of 1st respondent registered u/s.35 of Foreign Contribution (Regulation) Act, dated 03.09.2012 and quash the same as illegal.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R. Meenakshi Sundaram, Additional Public Prosecutor for the Petitioner and of Mr. Rajiv Rufus, Advocate for the 1st respondent, this Court made the following order: This petition has been filed to extend the time limit granted in Crl.M.P.(MD)No.10920 of 2021, dated 09.12.2021.
2. This Court by order dated 18.10.2019 in Crl.O.P.(MD) No.14023 of 2019 directed the respondent police/ petitioner herein to file the final report within a period of twelve months from the date of receipt of a copy of that order. Even after two years, the investigation is not yet completed.
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CRL MP(MD). No.7329 of 2022 3.The learned Additional Public Prosecutor appearing for the petitioner would submit that because of some procedural communication between the Central Government and the State Government with regard to the power of granting Sanction, the delay is occurred. He would further submit that on 06.09.2022, the power of granting sanction has been conferred upon the State Government under the provisions of the Foreign Contribution (Regulation) Act, 2010. Hence, the petitioner seeks further period of three months to complete the enquiry.
4. Considering the facts and circumstances, this Court is inclined to extend the time limit granted earlier by this Court. Accordingly, this petition is allowed and further period of three months is granted to the petitioner to file the final report. Sd/- Assistant Registrar (CS I) // True Copy // /09/2022 Sub Assistant Registrar(CS) To
1. The Inspector of Police, Crime Branch CID, Nagercoil, Kanyakumari District.
2. The Director to the Government of India, Ministry of Home Affairs (FCRA Wing), 1st Floor, B Wing, City Centre-II, Jaisingh Road , Opposite Juntar Mantar, New Delhi.
3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 16/09/2022 ==========================
ORDER
========================== CRL MP(MD). No.7329 of 2022 in CRL OP(MD).No. 14023 of 2019 Giving direction and etc.
as stated within.
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