Madras High CourtCRL OP(MD)/2308/2020closed

Sahul Hamed v. The Superintendent Of Police

2020-02-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.2308 of 2020 1.Sahul Hamed 2.Mumdhass Begam 3.Sumaiya Banu 4.Asa Beevee : Petitioners Vs.

1.The superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Economics Offence Wing, Trichy.

(Crime No.3 of 2012) 3.Saravanan : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to incorporate the name of the petitioners as depositors/victims in C.C.No.4 of 2016 pending on the file of the TNPID (Tamilnadu Protection of Interest of Depositors) Court, Madurai and based on the petitioners representation dated on 23.11.2019.

For Petitioners : Mr.T.Vadivelan For Respondents : Mr.S.Chandarasekar 1 and 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to incorporate the name of the petitioners as depositors/victims in C.C.No.4 of 2016 pending on the file of the TNPID (Tamilnadu Protection of Interest of Depositors) Court, Madurai and based on the petitioners representation dated on 23.11.2019.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent Police would submit that on the complaint given by one Rajendran, a case in Crime No.03 of 2012 has been registered by the second respondent Police against one Lando Infrastructure Development Company Private Limited and its two directors. In the final report, 47 witnesses were included based on the statements given by them. During the https://hcservices.ecourts.gov.in/hcservices/

investigation, 83 victims have approached the respondent police and the respondent Police completed the investigation and filed final report and the same was taken up in C.C.No.4 of 2016. Neither during pendency of the investigation nor during pendency of the trial, the petitioner have not approached the respondent Police with necessary proof and that they were not cited as witnesses. He would further submit that trial in C.C.No.4 of 2016 has been completed and the accused have been acquitted by the TNPID (Tamilnadu Protection of Interest of Depositors) Court, Madurai, dated 20.01.2020. Therefore, the present petition cannot be maintained at this stage.

3.Recording the submission made by the learned Additional Public Prosecutor, this criminal Original petition stands closed. However, the second respondent police is directed to consider the petitioners' representation dated 23.11.2019 and take appropriate action within a period of two months from the date of receipt of a copy of this order.

sdAssistant Registrar(AD-I) // True Copy // / /2020 Sub Assistant Registrar vsg To 1.The TNPID (Tamilnadu Protection of Interest of Depositors) Court, Madurai.

2.The superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, Economics Offence Wing, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.VADIVELAN, Advocate ( SR-8173[F] dated 25/02/2020 ) Crl.O.P.(MD)No.2308 of 2020 24.02.2020 AP(17.03.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/