Sri Surya Finance @ v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No. 6760 of 2014 and M.P(MD)Nos. 1&2 of 2014

1. Sri Surya Finance & Investments, Rep. through its Managing Partner Rengeswaran

2. Sri Surya Funds Rep. through its Managing Partner Rengeswaran

3. T. Rengeswaran

4. B.Sivakumar

5. S.Subburam .. Petitioners/Accused Nos.1 to 5 Vs.

1. The State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch, Theni.

Crime No.26 of 2008 .. Respondent/Complainant

2. Vairamani .. Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to call for the records pertaining to the Criminal case in C.C.No.48 of 2008, on the file of the Special Judge under TNPID Act at Madurai and to quash the same.

For Petitioners : Mr.K.P.S.Palanivelrajan For R1 : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This petition has been filed to quash the Criminal case in C.C.No. 48 of 2008, on the file of the Special Judge under TNPID Act, Madurai .

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State and perused the records.

3. It is mainly contended by the learned counsel for the petitioners that the respondent police has no power to investigate the case registered under the provisions of TNPID Act and it has to be done only by the Revenue Divisional Officer/Competent Authority as per Section 2(1) of TNPID Act.

4. Per contra, the learned Government Advocate (Crl. Side) on instructions, would submit that the Hon'ble Supreme Court had already considered and rejected the grounds raised in the quash petition.

5. The learned counsel for the petitioner would submit that the personal appearance of the petitioner may be dispensed with and he further undertakes that the petitioner/accused will extend his co-operation for completion of the trail within the time stipulated by this Court.

6. Perusal of the records would reveal that there are prima facie materials available against the petitioners. Hence, this Court is not inclined to quash the case in C.C.No.48 of 2008, on the file of the Special Court under TNPID Act cases, Madurai.

7. In the result, this Criminal Original Petition is dismissed. Consequently, connected M.P.(MD).Nos.1 and 2 of 2014 are also dismissed.

8. The personal appearance of the petitioners is dispensed with and they are directed to appear before the Trial Court as and when their presence is required and further they shall not dispute the identity of the witnesses. Further, the learned Special Judge under TNPID Act, Madurai, is directed to dispose of the case in C.C.No.48 of 2008, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar

To

1. The Special Court for TNPID Act Cases, Madurai.

2. The Inspector of Police, District Crime Branch, Theni.

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

+1cc to Mr.K.P.S.Palanivelrajan, Advocate, SR.No.78883 Crl.O.P.(MD).No.6760 of 2014 30.11.2016 PJL/r n s MK-EM-JMP/25.1.2017/3p-5c