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Madras High CourtWP(MD)/13533/2021disposed of

Palani Murugan.P v. The Director General Of Police

2021-10-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/10/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN W.P.(MD) No.13533 of 2021 P.Palani Murugan ... Petitioner Vs.

1. The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Economic Offence Wing II - Units, SIDCO, Old Corporate Building, First Floor, Thiru.vi.ka.Industrial Estate, Guindy, Chennai - 32.

3. The Deputy Superintendent of Police, Economic Offence Wing II - Madurai, No.39, Vishwanathapuram Main, Madurai - 625014.

... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 2nd & 3rd respondents to record the statement from the petitioner in Crime No.2 of 2020 pending on the file of the third respondent police and expedite the investigation and file final report before the concerned court by considering the petitioner's representation dated 23.06.2021 within time frame fixed by this Court. For Petitioner :

No appearance For Respondents :

Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petitioner is filed seeking a direction directing the respondents 2 and 3 to record the statement of the petitioner in Crime No.2 of 2020 on the file of the third respondent by considering the representation dated 23.06.2021.

2. When the matter is taken up for hearing, there is no 1/3

representation for the petitioner. However, the prayer sought for in this petition is simple in nature and it appears to be genuine also. The petitioner has stated to be one of the depositors in Bullion Fintech LLB Financial Company to the tune of Rs.1 lakh and thereafter, the above said company defaulted in repaying the amount deposited and misappropriated for which the complaint given by the depositors case in Crime No.347 of 2020 has been registered and the same was transferred and thereafter renumbered as Crime No.2 of 2020 for the offences punishable under Sections 406, 420, 120(B) IPC and Section 5 of Tamilnadu Protection of Interest of Depositors Act, 1997 since the petitioner is also one of the victims of the crime, he sent representation to record his statement. Hence, this petition.

3. The learned Additional Public Prosecutor would submit that investigating officer is ready to record the statement if the petitioner appears before him. On his appearance, his statement shall be recorded. The said exercise shall be completed within a period of 15 days from the date of receipt of a copy of this order.

4. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (Ad-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To,

1. The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Economic Offence Wing II - Units, SIDCO, Old Corporate Building, First Floor, Thiru.vi.ka.Industrial Estate, Guindy, Chennai - 32.

3. The Deputy Superintendent of Police, Economic Offence Wing II - Madurai, No.39, Vishwanathapuram Main, Madurai - 625014.

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

W.P.(MD) No.13533 of 2021 22.10.2021 SRK(CO) KB(12.11.2021) 3P 5C 3/3