The Inspector Of Police v. Udhayakumar.P
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal orginal Jurisdiction Thursday, the Eighth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL OP(MD) No.14023 of 2019 The Inspector of Police Crime Branch C.I.D Nagercoil Kanyakumari District.
... Petitioner/Respondent Vs 1 P.Udhayakumar.
2 Rais Ahamed Director to the Government of India Ministry of Home Affairs (FCRA Wing) 1st Floor B Wing City Centre-II Jaisingh Road Opposite Juntar Mantar New Delhi ... Respondent/Petitioners Prayer in CRL MP(MD). No.7666 of 2023 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c To extend the time for a further period of six months to complete the investigation and to file a final report as per the directions given, order odated 19.01.2023 made in Crl.M.P.(MD) NO.909 of 2023 in Crl.Op.(MD).No.14023 of 2019. Prayer in CRL OP(MD). 14023/ 2019 :
Criminal Original Petition filed under section 482 of Cr.p.c Call for the records pertaining to the first Information Report in Cr.No.2 of 2012 on the file of 1st respondent registered u/s.35 of Foreign Contribution (Regulation) Act, dated 03.09.2012 and quash the same as illegal.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Meenakshi sundaram Additional Public Prosecutor for the Petitioner and of Mr.V.Rajiv Rufus Advocate for the 1st Respondent, this Court made the following order: 1/3
The above petition has been filed seeking orders to extend the time for a period of 6 months to complete the investigation and file a final report as per the directions given by this Court in Crl.M.P. (MD)No.909 of 2023 in Crl.O.P.(MD)No.14023 of 2019 dated 19.01.2023.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the petitioner would submit that the Deputy Secretary to Government of Tamil Nadu has sent a letter dated 25.04.2023 to the Director (MU), Government of India, Ministry of Home Affairs, New Delhi requesting them to inform whether any notification was issued invoking Section 27 of the erstwhile Foreign Contribution (Regulation) Act, 1976 and if issued, copy of the same may be sent to the Government for examination and to proceed further.
3. The learned Additional Public Prosecutor appearing for the petitioner would further submit that though investigation has already been completed in 2018 itself, they are awaiting for the sanction orders and that further time may be given for filing the final report as last chance.
4. Considering the above facts and circumstances and also taking note of the letter sent to the Director (MU), Government of India, Ministry of Home Affairs, New Delhi, 3 months further time is granted to the petitioner to complete the investigation and file a final report finally, from the date of receipt of a copy of this order.
Sd/- Assistant Registrar (CS-I) // True Copy // /06/2023 Sub Assistant Registrar(CS) TO
1. The Inspector of Police Crime Branch C.I.D Nagercoil Kanyakumari District.
2. The Director (MU) Government of India Ministry of Home Affairs Foreigners Division (FCRA Wing) (Monitoring Unit ) Major Dhyan Chand National Stadium, I Floor, India Gate, New Delhi - 110 001 2/3
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
1.The Deputy Secretary to Government, Home ( Citizenship ) Department, Secretariat, Chennai - 9.
2 The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 08/06/2023 ==========================
ORDER
========================== in CRL OP(MD).No.14023 of 2019 Giving direction and etc.
as stated within.
DL(20.06.2023)/ 3P/ 6C 3/3