Thangavel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl OP(MD)No.15735 of 2017 and CrlMP(MD)No.10455 of 2017 and CrlMP(MD)SRNo.7665 of 2018 in CrlOP(MD)No.285 of 2018 1.Thangavel 2.Pandian 3.Maheshwari 4.Kiruthiga 5.Muthusamy 6.Shanthi 7.Deivanayagi 8.Ramesh ... Petitioners Vs.

1.The Superintendent of Police, Economic Offence Wing-II, Thiru Ve.Ka.Industiral Estates, Guindy, Chennai.

2.The Superintendent of Police, Karur District.

3.The Inspector of Police, Economic Offence Wing -II, Ashok Nagar, Karur.

4.The Inspector of Police, District Crime Branch, Karur.

5.Mahesh

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 & 2 toissue appropriate direction to the respondents 3 & 4 to hand over the enquiry and investigation of the complaint lodged by the alleged depositors at the instance of the 5th respondent and the complaint lodged by the petitioners

against the 5th respondent to be conducted by either by the Inspector of Economic Offence Wing, Karur, the 3rd respondent herein or by the Inspector of Police, DCB, Karur and not to permit the respondents 3 & 4 to enquire both the complaints independently For Petitioners : Mr.MP.Senthil For Respondent Nos 1 to 4 :Mrs.S.Bharathi, Government Advocate (Crl side) For Respondent No 5 :Mr.N.Anandakumar

ORDER

It is seen from records that the petitioner has given a complaint against the 5th respondent and the same is pending investigation before the District Crime Branch, Karur. In the meantime, certain depositors have given complaint against the petitioners and by virtue of the direction given by this Court, Economic Offence Wing has been directed to enquire into the complaint and proceed further in accordance with law on 17.11.2017, the following interim order was passed by this Court:

3. Considering the nature of grievance expressed by the petitioners in this case who are also the partners and investors and their serious allegations against the fifth respondent, there shall not be any disbursement of any amount to any one from the amount lying to the credit of the fifth respondent. Respondents 3 and 4 are also directed to secure all the documents, which are Account books, Ledger and other records maintained by the fifth respondent in the course of business.

2.This Court is of the considered view that the complaint given by the petitioners and the complaints given by the depositors will have to be investigated by a same agency. Therefore, there shall be a direction to the Inspector of Police, District Crime Branch, Karur to investigate both the complaints given by the petitioners against the fifth respondent and by the depositors against the petitioners and proceed in accordance with law. Pending investigation the interim order already granted by this Court dated 17.11.2017, shall continue to be in force.

3.The Inspector of Police, District Crime Branch, Karur is directed to complete the investigation within a period of three months. Accordingly, this criminal original petition is disposed of and CrlMP(MD)No.10455 of 2017 and CrlMP(MD)SRNo.7665 of 2018 are closed.

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-II)

To 1.The Superintendent of Police, Economic Offence Wing-II, Thiru Ve.Ka.Industiral Estates, Guindy, Chennai.

2.The Superintendent of Police, Karur District.

3.The Inspector of Police, Economic Offence Wing -II, Ashok Nagar, Karur.

4.The Inspector of Police, District Crime Branch, Karur.

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

+1cc to Mr.N.ANANDAKUMAR, Advocate, SR.No.88391 +1cc to Mr.M.P.SENTHIL, Advocate, SR.No. 88181 Crl OP(MD)No.15735 of 2017 11.10.2018 DSK KK/RSK/SAR-2/02.11.2018/3P-8C