Calist Prema v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Ninth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD). No.10160 of 2022 in CRL A(MD).No.410 of 2022 Calist Prema ... Petitioner/Accused NO.3 Vs 1 The Deputy Superintendent Of Police, Economic Offences Wing II, Nagercoil, Kanyakumari District.
2 The District Revenue Officer Nagercoil, Kanyakumari District (Crime No. 15 of 2005) ... Respondent No.1//Complainant Prayer in Crl MP(MD).NO.10160 of 2022:- This Criminal Miscellaneous Petition is filed under section 482 Cr.P.C to extend the condition imposed by this Hon'ble court in condition in order Crl A (MD) No. 410 of 2022 dated 07.07.2022.
Prayer in Crl A(MD).No.410 of 2022:- This Criminal Appeal is filed under section 11 of Tamil Nadu Protection of Interests of Depositors Act, 1997, to call for the records of the order in Cr.M.P.No.108 of 2022 in dated 13/06/2022 on the file of the learned Special Distirct Judge for (The Tamil Nadu Protection of Interests of Depositors Act, 1997 TANPID Act, Madurai and set aside the same.
ORDER:- This Criminal Miscellaneous 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.T.Lajapathiroy, Advocate for the Petitioner and of Mr.B.Nambiselvan, Additional Public Prosecutor for the respondent this Court made the following order:
The Criminal Miscellaneous Petition has been filed seeking orders to extend the time to comply with the condition imposed by this Court, dated 07.07.2022 in Crl.A(MD)No.410 of 2022.
2.It is seen from the records that this Court, vide order dated 07.07.2022, has allowed the Criminal Appeal and directed the petitioner to deposit 50% of the remaining amount meant for 51 depositors within a period of four weeks from the date of receipt of a copy of that Judgment, failing which, the Criminal Appeal shall stand dismissed automatically without further reference to this Court.
3.The learned counsel for the petitioner would submit that the first accused was already dead, that the second accused is suffering Cancer and that the petitioner is not in a position to arrange the funds within the time granted by this Court.
4.The learned Additional Public Prosecutor would submit that shorter time may be granted.
5.Considering the above facts and circumstances of the case, this Court is inclined to extend the time.
6.Accordingly, this Criminal Miscellaneous Petition is allowed and the petitioner is directed to comply with the direction of this Court dated 07.07.2022 within a period of two weeks from today and no further time will be granted.
Sd/- Assistant Registrar (CS II) // True Copy // 29/08/2022 Sub Assistant Registrar(CS) TO
1. The Special Distirct Judge, The Special Court under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishment) Act, 1997, Madurai.
2. The Deputy Superintendent Of Police, Economic Offences Wing II, Nagercoil , Kanyakumari District.
3. The District Revenue Officer Nagercoil, Kanyakumari District (Crime No. 15 of 2005)
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai
Copy to:
The Record Keeper Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 29/08/2022 ==========================
ORDER
========================== CRL MP(MD). No.10160 of 2022 in CRL A(MD).No.410 of 2022 Giving direction and etc.
as stated within.
MGJ(29.08.2022) 3P 6C