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Madras High CourtWP(MD)/17705/2023closed

Subramanian Iyer v. The Secretary To Government

2024-08-01Honourable Mr Justice B.Pugalendhi9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.5817 of 2024 Subramanian Iyer ... Petitioner versus

1. The Secretary to Government, Home Police Department, Fort St. George, Chennai.

2. The Joint Director, Chennai Zonal Office I & II, Directorate of Enforcement, 2nd and 3rd floors, C Block, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai - 600 006.

3. The Deputy Director, Directorate of Enforcement, Madurai Sub-Zonal Office, 1/9

No.6 (Old No.42), Besant Road, Chokkikulam, Madurai - 625 002.

4. The Inspector of Police, Economic Offences Wing - II, Tirunelveli, Tirunelveli District.

5. Bluemax Capital Solutions, Rep. by its Directors, Plot Nos.1 and 2, St. Pauls Nagar, Palayamkottai, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to conclude the enquiry and pas appropriate orders based on the complaint given by the petitioner on 06.02.2022 and the summons issued to the petitioner dated 14.03.2022 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.SC.Herold Singh For R1 and R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor Crl.O.P.(MD)No.8490 of 2024 T.Immanuel ... Petitioner versus 2/9

The State rep. by The Inspector of Police, Economic Offence Wing-II (EOW), Palayamkottai, Tirunelveli District.

... Respondent Petition filed under Section 482 Cr.P.C. seeking a direction to expedite the investigation connection with the Crime No.1 of 2020 on the file of the respondent and to file a final report within a stipulated time pending on the file of the respondent. For Petitioner : Mr.S.Lawrence Vimal Raj For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor Crl.O.P.(MD)No.8500 of 2024

1. Rajkumar Aravinth

2. Bharathraj

3. Gopalakrishnan @ Subramanian Gopalakrishnan ... Petitioners versus

1. The Inspector of Police, Economic Offences Wing, Tirunelveli - 627 002.

2. Ilayaraja

3. Sumithra ... Respondents 3/9

Petition filed under Section 482 Cr.P.C. to call for the records of the impugned FIR in Crime No.1 of 2020 dated 27.08.2020 on the file of the 1st respondent Police and quash the same. For Petitioners : Mr.G.Prabhu Rajadurai For R1 : Mr.T.Senthil Kumar, Additional Public Prosecutor COMMON ORDER The case in Crime No.1 of 2020 has been registered as against one M/s.Bluemax Capital Solutions and others, that they have collected deposits from several persons and have cheated the depositors.

2. One T.Immanuel, claiming to be one of the victims at the hands of M/s.Bluemax Capital Solutions, has filed the petition in Crl.O.P.(MD)No.8490 of 2024, seeking a direction to the respondent Police to expedite the investigation in Crime No.1 of 2020 and file a final report within a stipulated time.

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3. The accused 2 to 4 have filed Crl.O.P.(MD)No.8500 of 2024 seeking to quash the FIR in Crime No.1 of 2020 registered against them.

4. One Subramanian Iyer claiming to be one of the victims at the hands of M/s.Bluemax Capital Solutions has filed the writ petition in W.P.(MD)No.17705 of 2023, seeking a direction to the second respondent to conduct and conclude the enquiry based on his complaint dated 06.02.2022.

5. When these petitions came up for hearing today, the learned counsel appearing for the accused/petitioners in Crl.O.P.(MD)No. 8500 of 2024 submitted that out of 191 depositors, the accused persons have settled the amount to 170 persons and only 21 persons have to be settled with the amount. Now, they are also prepared to settle the amount to 21 persons. Therefore, he prayed for appropriate orders.

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6. In view of the above submission, the respondent Police is directed to mediate the issue between the accused persons and the victims and find out solutions. If the issue is amicably settled between the parties, the amount has to be settled to all the victims, within a period of two months from the date of receipt of a copy of this order. If the issue is not settled between the parties, the respondent Police is at liberty to proceed further with the investigation in Crime No.1 of 2020 and file the final report. The accused/petitioners in Crl.O.P.(MD)No.8500 of 2024 are at liberty to challenge the final report, if they are having any grounds.

7. Accordingly, all the petitions are closed. Consequently, connected miscellaneous petition is closed.

01.08.2024 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy 6/9

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To

1. The Secretary to Government, Home Police Department, Fort St. George, Chennai.

2. The Joint Director, Chennai Zonal Office I & II, Directorate of Enforcement, 2nd and 3rd floors, C Block, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai - 600 006.

3. The Deputy Director, Directorate of Enforcement, Madurai Sub-Zonal Office, No.6 (Old No.42), Besant Road, Chokkikulam, Madurai - 625 002.

4. The Inspector of Police, Economic Offences Wing - II, Tirunelveli, Tirunelveli District.

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

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B.PUGALENDHI, J.

ogy and Crl.O.P.(MD)Nos.8490 and 8500 of 2024 01.08.2024 9/9