T.Jeyalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.10636 of 2023 T.Jeyalakshmi ... Petitioner Vs.

1.The Superintendent of Police, Economic Offences Wing, South Zone, Police Training College Campus, Ashok Nagar, Chennai.

2.The Deputy Superintendent of Police, Economic Offences Wing, No.10-A/6, Nagu Nagar 1st Street, Thiruppathur Main Road, Sivagangai, Sivagangai District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to conduct a further investigation in Crime No.7 of 2022 on the file of the second respondent by considering the petitioner's represenation dated 17.04.2023 within a time frame that may be fixed by this Court. 1/6

For Petitioner :Mr.N.Anantha Padmanabhan Senior Counsel for M/s.Mathuram Law Associates For Respondents :Mr.S.S.Madhavan Government Advocate (Crl.side) O RDER This petition is filed seeking further investigation in Crime No.7 of 2022 on the file of the respondent No.2.

2.According to the petitioner, she is working as Secondary Grade Teacher at NSMPVS Government Aided School at Devakottai, Sivagangai District. The petitioner's husband came to be acquainted with the Directors of New Rise Aalayam Palaniapan and another Director, by name Madhavan is a relative to the petitioner's husband. The Directors of the same company have convinced the petitioner's husband to invest in their company for getting higher returns. Accordingly, the petitioner's husband started investing money in various schemes. 2/6

3.The petitioner's husband deposited an amount of Rs.1,00,000/- on 02.07.2020 and he was provided with an agent code bearing No.A0071132 and it has 2% commission. The petitioner was also given another agent code for depositing in a gold scheme. On 07.09.2020, the petitioner's husband invested Rs. 11 lakhs in the name of his daughter, by name Nivetha and on 21.08.2020 invested Rs.5 lakhs on his name and on 30.11.2020 invested Rs.3 lakhs in her name and the petitioner's husband so far invested an amount of Rs.22 lakhs. The learned Senior Counsel for the petitioner submits that even as per the contents of the charge sheet and material placed before the Court, the petitioner is noway concern with the alleged offence. The petitioner is unnecessarily roped in Crime No.7 of 2022.

The petitioner is a Government servant, thereby she is not at all concern with the alleged offence and therefore, sought for quashment of FIR. 4.The learned Government Advocate (Crl.side) submits that as per the contents of the FIR and other documents, there is a case against the petitioner. It is submitted further that as already observed the petitioner's husband has lost more than Rs.10 lakhs and that the petitioner has no role in the said company.

5.Considering the submissions made by the learned counsel on either side and on perusal of the records, this Petition is disposed of directing the respondent police to consider the clarification given by the petitioner and investigate whether the petitioner has any connection with the company either directly or indirectly as quickly as possible.

Speaking : Yes / No 20.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Economic Offences Wing, South Zone, Police Training College Campus, Ashok Nagar, Chennai.

2.The Deputy Superintendent of Police, Economic Offences Wing, No.10-A/6, Nagu Nagar 1st Street, Thiruppathur Main Road, Sivagangai, Sivagangai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.10636 of 2023 20.09.2023 6/6