M.Chitra Devi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) Nos.14231 of 2022 and 14712 of 2020 and Crl.M.P(MD) Nos.6949 of 2020 and 8116 of 2021 Crl.O.P(MD) No.14231 of 2022 M.Chitradevi

...Petitioner

vs The Inspector of Police Economic Offences Wing, Madurai

...Respondent

Crl.O.P(MD) No.14712 of 2020 Elshadai Lourdu Pillai Santhana Peter .. Petitioner .vs.

1. The Inspector of Police Economic Offences Wing, Madurai

2. M.Chitra Devi ..Respondents PRAYER in Crl.O.P(MD) No.14231 of 2022 : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the trial Court to 1/6

dispose the case in C.C. No.2 of 2019 on the file of the Special Court for TANPID Act cases, Madurai, within the time limit fixed by this Court. PRAYER in Crl.O.P(MD) No.14712 of 2020 : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the impugned charge sheet in C.C.No.2 of 2019 on the file of the Special Sessions Judge, TANPDI Court, Madurai and quash the same as far as the Petitioner is concerned.

In Crl.O.P(MD) No.14231 of 2021 For Petitioner : Mr.A.Saravakumar For Respondent :Mr.B.Nambi Selvan Additional Public Prosecutor In Crl.O.P(MD) No.14712 of 2020 For Petitioner : Mr.Ramsundar vijayraj For R-1 :Mr.B.Nambi Selvan Additional Public Prosecutor COMMON O R D E R Crl.O.P(MD) No.14231 of 2022 has been filed to to direct the trial Court to dispose the case in C.C. No.2 of 2019 on the file of the Special Court for TANPID Act cases, Madurai, within the time limit fixed by this Court.

2/6

2. Crl.O.PMD) No.14712 of 2020 has been filed to call for the records pertaining to the impugned charge sheet in C.C.No.2 of 2019 on the file of the Special Sessions Judge, TANPDI Court, Madurai and quash the same as gar as the Petitioner is concerned.

3. The learned Additional Public Prosecutor would submit that the accused persons are filing discharge petition one after another.

4. The difficulties expressed by the prosecution is hereby recorded. In view of the same, the learned Special Judge, Special Court for TANPID Act cases, Madurai is directed to frame charges.

5. The learned Special Judge, Special Court for TANPID Act cases, Madurai is directed to fix date for framing charges. On the same day, either the trial Judge can frame charges or discharge the accused after hearing prosecution and the learned Counsels for the accused. This can be done within a period of one week. If any one of the accused failed to appear before the learned Special Judge, the Inspector of Police, Economic Offences Wing may be directed to secure the accused and he or she shall be 3/6

detained in Prison till the disposal of the case. the Trial Court shall not show any leniency to the accused persons. The accused are invariably accused of cheating depositors in Financial Establishment run by the accused and no leniency can be shown, because it is a white collar offence, cheating the gullible innocent public of their hard earned money. Therefore the trial Judge shall proceed with the trial. Registry is directed not to entertain any petition one after another as the matter regarding TANPID offences.

6. The learned trial Judge is directed to complete the trial proceedings in C.C. No.2 of 2019 with in a reasonable period of three months from the date of framing of charges.

7. With the above direction, these Criminal Original Petitions are disposed of. Consequently connected miscellaneous petitions are closed. 19.10.2022 Internet:Yes./No Index:Yes/no aav 4/6

To

1. The Special Court for TANPID Act cases, Madurai

2. The Inspector of Police Economic Offences Wing, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

SATHI KUMAR SUKUMARA KURUP , J.

aav Crl.O.P (MD) Nos.14231 of 2022 and 14712 of 2020 19.10.2022 6/6