Rajesh Kumar v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Eighth day of October Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL MP(MD). No.8068 and 8069 of 2021 in Crl.RC.(MD).No.264 and 265 of 2021 Rajesh Kumar ... Petitioner/Petitioner/ Petitioner in both Mps -Vs- 1 The District Revenue Officer, Nagercoil, Kanyakumari District 2 The Inspector of Police, E. O. W. II Nagercoil, Kanyakumari District.
(Crime No. 4/2006.) (Crime No. 3/2006.) ... Respondents/Respondents/Respondents in both Mps Prayer in CRL.MP(MD)No.8068 of 2021 in Crl.RC(MD)No.265 of 2021:- This Criminal Miscellaneous Petition is filed to extend the time for further period of 6 months in Crl.M.P(MD)No.4820 of 2021 in Crl.R.C.(MD)No.265 of 2021,dt. 16.7.2021 on the file of this Hon'ble Court and pass such further or other orders which may deem fit pass with regard to this facts.
Prayer in CRL RC(MD). 265/ 2021 :
Criminal Revision Petition is filed u/s 397 r/w. 401 Cr.P.C., set aside the order dated 15.03.2021 passed in Crl. M. P NO. 736/2021 against Crl. M. P No. 182/2021 in C.C No. 94/2008 on the file of hte Special Juge under TNPID Act Madurai by allowing the present Criminal Revison Petition Prayer in CRL MP(MD)No.8069 of 2021 in Crl.RC(MD)No.264 of 2021:- This Criminal Miscellaneous Petition is filed to extend the time for further period of 6 months in Crl.M.P(MD)No.4821 of 2021 in Crl.R.C.(MD)No.264 of 2021,dt. 16.7.2021 on the file of this Hon'ble Court and pass such further or other orders which may deem fit pass with regard to this facts.
Prayer in CRL RC(MD). 264/ 2021 :
Criminal Revision Petition is filed u/s 482 of Cr.P.C., to Set aside the order dated 15.03.2021 passed in Crl. m. P No. 735/2021 1/3
against the Crl. M. P No. 183/2021 in C.C No. 11/2009 on the file of the Special Juge under TNPID Act, Madurai by allowing the Present Criminal Revision.
ORDER:- These Criminal Miscellaneous Petitions are 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 M/S. S.Veerasamy, Advocate for the Petitioner and of M/S. E.Antony Sahaya Prabahar, Additional Public Prosecutor, Madurai Bench of Madras High Court, for the respondents, this Court made the following order: These Criminal Miscellaneous Petitions have been filed for extending the time which could be given in Crl.M.P.(MD).Nos.2668 & 2669 of 2021 in in Crl.R.C.(MD)Nos.264 & 265 of 2021, dated 29.03.2021. Originally, the Criminal Revision Petitions have been filed to set aside the order passed in Crl.M.P.(MD)Nos.735 & 736 of 2021, dated 15.03.2021 on the file of the learned Special Judge, TNPID Act, Madurai.
2. The petitioner is an accused in C.C.No.94 of 2008 and in C.C.No.11 of 2009 on the file of the learned Special Judge, TNPID Act, Madurai. The trial Court framed the charges against the accused under Section 5(A) of TNPID Act. While at the time, the said cases have been posted for both side arguments, the petitioner filed the applications before the trial Court in Crl.M.P.(MD)Nos.182 & 183 of 2021, dated 02.02.2021, wherein, he prayed for compounding the offence. The trial Court after considering the nature of offence committed by the petitioner, allowed the applications filed by the petitioner and granted one month time for settling the entire dues. Subsequent to that, the petitioner has approached this Court by filing Crl.R.C.(MD)Nos.264 & 265 of 2021 wherein, he prayed to extend the time for complying the order.
This Court, by order dated 29.03.2021 while at the time of disposing the Crl.R.C.(MD)Nos.264 & 265 of 2021 after considering the facts and circumstances, granted 3 months time for settling the entire dues. Again on 16.07.2021 in Crl.M.P(MD)Nos.4820 & 4821 of 2021, this Court has granted another 2 months time for settling the entire dues.
3. In the said circumstances, the petitioner has filed these Criminal Miscellaneous Petitions, herein also, he seeks further extension of time for settling the entire dues. In this regard, the learned Government Advocate (Crl.side) appearing for the respondent police raised a strong objection stating that already 5 months time was granted to the petitioner to settle the entire dues.
4. In respect to the same, the learned counsel appearing for the petitioner would submit that in the interregnum period between 02.02.2021 and 16.07.2021, the petitioner settled sum of Rs.1,20,00,000/- out of Rs.2,00,00,000/- and as of now, only Rs.80,00,000/- to be settled to the depositors.
5. In this regard, in the status report filed by the second 2/3
respondent, the second respondent fairly conceded that the submissions made by the learned counsel appearing for the petitioner is a correct one. It shows that the petitioner is having an intention to settle the entire dues. If the time is not extended, much hardship has been caused to the depositors.
6. In view of the above and the reasons stated in the affidavit filed in support of these petitions, time is extended by three months from today for settling the entire dues. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO The Special Juge under TNPID Act, Madurai 2 The District Revenue Officer, Nagercoil, Kanyakumari District 3 The Inspector of Police, E.O.W. II Nagercoil, Kanyakumari District.
4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 08/10/2021 ==========================
ORDER
========================== CRL MP(MD). No.8068 and 8069 of 2021 in Crl.RC.No.264 and 265 of 2021 Giving direction and etc.
as stated within.
RD(28.10.2021) 3P 6C 3/3