Madras High CourtCRL OP(MD)/18513/2021allowed

K.Muralidaran v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18513 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18513 of 2021 and CRL.M.P.(MD)Nos.10210 & 10211 of 2021 K.Muralidaran, Director, Sri Gayathri Benefit Fund Ltd., Theni.

Now residing at, 5867, Waterloo Bridge, Circle Haymarket, Virginia - 201 169, United States.

... Petitioner/Accused No.4 Vs.

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

... 1st Respondent / Complainant

2. T.Kumravadivel ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in C.C.No.3 of 2021 on the file of the first respondent police and quash the same as against the petitioner.

For Petitioner : Mr.C.Jeganathan For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

* * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner is figuring as accused No.4 in C.C.No.3 of 2021 on the file of the Special Judge, Special Court under TNPID (F.Es.) Act 1997, Madurai. The petitioner was one of the Director of Gayathri Benefit Fund Ltd. The said financial establishment committed default. Hence, Crime No.14 of 2006 was registered on the file of the District Crime Branch, Theni, for the offence under https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18513 of 2021 Section 5 of TNPID Act. The petitioner was employed abroad. Therefore, the case against him was split up. In the meanwhile, the prime accused settled the claim of all the depositors. The Lok Adalat award was also passed in this regard on 10.04.2021. In C.C.No.8 of 2009, the offence has got compounded.

3. When the claims of all the depositors have been settled and the co-accused have also been acquitted, no purpose will be served in keeping the prosecution alive against the petitioner alone. Hence, the impugned proceedings are quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Special Judge, Special Court under TNPID(F.Es.) Act 1997, Madurai

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

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

Crl.O.P.(MD)No.18513 of 2021 25.11.2021 sun(CO) TR(10.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2