N.K.Rajammal, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.N.K.Rajammal 2.M.Muthumadasamy 3.S.Krishnamoorthi 4.S.Subramani 5.K.Lalithamani 6.G.Gandhimathi ... Petitioners Vs.

1.The Superintendent of Police, Chennai.

2.The Deputy Superintendent of Police, District Crime Branch, Theni.

3.The Inspector of Police, District Crime Branch, Theni.

(Crime No.20 of 2007) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to undertake further investigation by recording the statements of the petitioners and to file an additional charge sheet in C.C.No.4 of 2009 on the file of the Special Court for TNPID, Madurai, within the stipulated time limit. For Petitioners : Mr.B.Jameel Arasu For Respondents : Mr.K.Sumbulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed directing the respondent to undertake further investigation by recording the statements of the petitioners and to file an additional charge sheet in C.C.No.4 of 2009 on the file of the learned Special Court for TNPID, Madurai.

2. The learned Government Advocate (Crl.Side) appearing for the respondents would submit that on the complaint lodged by the victim, a case has been registered in Crime No.20 of 2007 for the offences under Sections 120 B, 406 and 420 and 5 of the Tamil Nadu Protection of Interest of Depositors Act, 1997. After completion of the investigation, the third respondent filed a final report and the 1/3

same has been taken cognizance in C.C.No.4 of 2009 before the learned Special Court for TNPID, Madurai. The case has been ended in acquittal on 24.10.2019. Thereby, the accused have settled all the issues between them and the victim. Insofar as the petitioners are concerned, if the third respondent is directed to file an additional charge sheet by including these petitioners as witnesses in the above case.

3. Considering the above facts and circumstances, the additional charge sheet cannot be filed in C.C.No.4 of 2009, since the matter has been ended in acquittal on 24.10.2019 itself. Accordingly, this Criminal Original Petition is dismissed.

4. However, the petitioners are at liberty to lodge a fresh complaint before the Inspector of Police, Economical Offences Wing, Dindigul. On the receipt of the same, the Inspector of Police, Economical Offences Wing, Dindigul, is directed to conduct enquiry on merits and in accordance with law within a period of two weeks. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) dss To 1.The Special Court for TNPID, Madurai.

2.The Superintendent of Police, Chennai.

3.The Deputy Superintendent of Police, District Crime Branch, Theni.

4.The Inspector of Police, District Crime Branch, Theni.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3

Copy to The Inspector of Police, Dindigul +1 CC to Mr.B.JAMEEL ARASU, Advocate ( SR-96584[F] dated 07/11/2019 ) 05.11.2019 dss MK (18.11.2019) 3P 8C 3/3