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Madras High CourtCRL OP(MD)/13464/2023closed

S.Sellappan v. The Superintendent Of Police

2023-08-25Honourable Dr. Justice D.Nagarjun7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13464 of 2023 1.S.Sellappan 2.S.Samvinoth 3.J.Selvi 4.R.Usha 5.S.Murugaiah 6.P.Mohan 7.R.Poomani 8.N.Chandrasekaran 9.N.Rajasekar 10.R.Chandra 11.R.Hariharan 12.R.Rajashree 13.V.Arundhadhi 14.V.Elanthamilan 15.S.Manickam 16.P.Durairaj 17.D.Deepa 18.K.Kalaiselvan 19.S.Jothimurugan 20.J.Sendhilkumar 21.M.Sankar 1/7

22.S.Satheeshkumar 23.P.Mahalingam 24.D.Balakrishnan 25.P.Manikandan 26.C.Jeyakumar 27.T.Raja 28.S.Manikandan 29.S.Gowri 30.C.Saravanan 31.K.Arumugam 32.K.Lakshmi 33.S.Karthiga Devi 34.M.Radhakrishnan 35.K.Murugeswari 36.R.Jeyanthi 37.K.Dhanalakshmi 38.E.Vennila 39.V.Thangammal 40.D.Rajeswari 41.A.Pidari 42.K.Valli 43.P.Vasantha 44.P.Sumathi 45.S.Kala 46.G.Gunasekaran 47.A.Appuroja 48.S.Kalaiselvi 49.M.Vijayakanth 50.Pandiyammal 51.B.Vaithaki 2/7

52.G.Pappathi 53.R.Ramkumar 54.C.Rajendran 55.S.Tamilarasi 56.S.Santhi 57.R.Muthulakshmi 58.M.Alagusundhari 59.S.Rabika 60.K.Bharathi 61.K.Uma 62.S.Aburoja 63.V.Ganesan 64.I.Kadharbeevi 65.I.Samsudeen 66.I.Hadeeja 67.D.Karthick 68.D.Poomayil 69.S.Amsavalli 70.C.Nithya 71.G.Pandiyammal 72.R.Arputharaja 73.C.Dharmaraj 74.V.Veerammal 75.V.Ramachandraboopathy 76.V.Chellammal 77.V.Narasimman 78.A.Deepa 79.M.Vijayalakshmi 80.P.Rajalakshmi 81.C.Sivagami 3/7

82.T.Sumathi 83.M.Vennila 84.M.Marimuthu 85.K.Alagarsamy 86.M.Fathima Rose 87.S.Moorthi 88.B.D.Doddahuchaiah 89.B.N.Varalakshmi 90.D.Shivamma 91.N.Vinaykumar 92.B.Saritha 93.R.Duraikannu 94.D.Saraswathi 95.S.Santha 96.G.Rajakannu 97.A.Murugan 98.A.Chinnaiyah ... Petitioners Vs.

The Superintendent of Police, Special Officer, ELPHIN Cheating, EOW, Ashok Pillar, Chennai.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to include the petitioners as witnesses in any one of the FIRs already registered against the accused and to include them as victims and the respondent may further be directed to take the complaints of the petitioners, registering the nature of the complaint by getting 161 statements from them.

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For Petitioner : Mr.B.A.Muruganantham For Respondent : Mr.S.S.Madhavan Government Advocate (crl.side) O R D E R This Criminal Original Petition is filed seeking for a direction to the respondents Police to examine the petitioners under Section 161 Cr.P.C in respect of a complaint given against Elfin Company.

2. It is submitted by the learned counsel appearing for the petitioners that the petitioners and many other investors have invested huge amount in the said Company and all of them were cheated. On the complaint given by the investors, number of cases were registered. The grievance of the petitioners is that the Special Officer headed by the Superintendent of Police has not recorded the statements of the petitioners in any case and no FIR is registered basing on the complaint given by the petitioners.

3. The learned Government Advocate (Criminal side) appearing for the respondent Police submits that as per the directions issued by this Court on 27.07.2023, out of 98 witnesses, the statements of 91 witnesses 5/7

have been recorded and the documents have been received and that the statements of rest of the witnesses will be recorded.

4. Since the purpose for which the present petition has been filed has already been defeated, this Criminal Original Petition is closed. Index : Yes/No 25.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Special Officer, ELPHIN Cheating, EOW, Ashok Pillar, Chennai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7

DR.D.NAGARJUN. J.

ssb 25.08.2023 7/7