← Library
Madras High CourtCRL RC(MD)/924/2022disposed of

K.S.Palanisamy v. The Deputy Superintendent Of Police

2023-01-10Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.M.P (MD) Nos.11441 and 11444 of 2022 Crl.R.C.(MD).No.924 of 2022 K.S.Palanisamy .. Petitioner / Respondent / Accused No.2 Vs.

1. The Deputy Superintendent of Police, .. Respondent / Respondent / Complainant

2. R.Ramraj .. Respondent / Petitioner / Defacto Complainant

3. The Global Capital Trading Services, Represented by its Proprietor, Odai Street, Theni District.

4. P. Bakkiyalakshmi

5. Ganeshkumar

6. Ramadoss .. Respondents / Respondents / Accused No.1& 3 to 5 1/6

PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the entire records pertaining to the order passed by the Special Court under the Tamilnadu Protection of Interest of Depositors (In Financial Establishment), 1997, Madurai in Crl.M.P. No.1723 of 2021 vide order dated 08.10.2021 and set aside the same.

Crl.R.C.(MD).No.925 of 2022 K.S.Palanisamy .. Petitioner / Respondent / Accused No.2 Vs.

1. The Deputy Superintendent of Police, .. Respondent / Complainant

2. P.Maari Raja

3. S.Saraswathi

4. V.Suresh

5. P.T.V.Lakshmi .. Respondents / Petitioners

6. D.Rajkumar .. Respondent / Petitioner / Defacto Complainant

7. The Global Capital Trading Services, Represented by its Proprietor, Odai Street, Theni District.

8. P. Bakkiyalakshmi

9. Ganeshkumar 2/6

10. Ramadoss .. Respondents / Respondents / Accused No.1& 3 to 5 PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the entire records pertaining to the order passed by the Special Court under the Tamilnadu Protection of Interest of Depositors (In Financial Establishment), 1997, Madurai in Crl.M.P. No.1887 of 2021 vide order dated 18.10.2021 and set aside the same.

For Petitioner : Mr. Dhilipan Pandian R.L.

(for both cases) For Respondent : Mr. Nambiselvan.B (for both cases) Additional Public Prosecutor For Defacto Complainant : Mr.A.P.Muthupandian (for both cases) COMMON ORDERS Crl.R.C(MD) No.924 of 2022 has been filed to call for the entire records pertaining to the order passed by the Special Court under the Tamilnadu Protection of Interest of Depositors (In Financial Establishment), 1997, Madurai in Crl.M.P. No.1723 of 2021 vide order dated 08.10.2021 and set aside the same.

3/6

2. Crl.R.C(MD) No.925 of 2022 has been filed to call for the entire records pertaining to the order passed by the Special Court under the Tamilnadu Protection of Interest of Depositors (In Financial Establishment), 1997, Madurai in Crl.M.P. No.1887 of 2021 vide order dated 18.10.2021 and set aside the same.

3. At the time of hearing the petition, the learned counsel for the revision petitioner would submit that against the condition of permission that was granted by the trial Court, the defacto complainant's Advocate was permitted to argue the matter, which according to him causes much inconvenience and also it is against the law. On that ground, the report has been called for from the trial Court and it was also submitted.

4. Perusal of the report shows that no such permission was granted to the learned counsel for the defacto complainant to argue the matter directly. So, from the perusal of the letter, it is seen that every precaution was taken by the trial Court in conducting the trial process as per law. 4/6

5. On going through the letter also, the learned counsel for the revision petitioner would submit that even though the report reads that no such permission was given to the learned counsel for the defacto complainant to address the Court directly, actually in one or two occasions, the defacto complainant's Advocate was permitted.

6. But however, in view of the above said letter of the trial Court that no more direction is required, hoping that the trial Court will proceed in accordance with law and conduct the trial in a proper manner.

7. With the above said observations, these Criminal Revision Cases are dismissed. Consequently, the connected Miscellaneous Petitions are closed.

10.01.2023 NCC:Yes/No Index : Yes / No Internet : Yes / No Indu 5/6

G.ILANGOVAN,J.

Indu To 1.The Deputy Superintendent of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

10.01.2023 6/6