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Madras High CourtCRL OP(MD)/15922/2017dismissed

Queen Emu Farms (India) v. The Deputy Superintendent

2019-09-20Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD) No.15922 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.15922 of 2017 1.Queen Emu Farms (India) Private Limited, Queen Emu Farms Private Limited, Branch Office; Door No.88, 3rd floor, R.P.Towers, Near Nallappa Theatre, Coimbatore Road, Pollachi Coimbatore District.

Represented by A2 to A-6 2.P.Mayilsamy 3.P.Sakthivel 4.M.Petchumuthu ... Petitioners/ Accused -vsState rep. by The Deputy Superintendent of Police, Economic Offences Wing-II Unit Coimbatore ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to withdraw the C.C.No.34/2013 on the file of Special Judge, Special Court under TNPID (in Fin Estts) Act, 1997 Madurai and transfer the same to Special Judge, Special Court under TNPID (in Fin Estt) Act 1997, Coimbatore to try along with C.C.No.24/2012, C.C.No.5/2013 and C.C.No.18/2013. For Petitioners : Mr.V.R.Deenadayalan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition has been filed seeking for transfer the proceedings pending in C.C.No.34/2013 on the file of the on the file of Special Judge, Special Court under TNPID (in Fin Estts) Act, 1997 Madurai.

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Crl.O.P.(MD) No.15922 of 2017 2.The petitioners are facing trial before the Court below for offences under Sections 120(b), 406, 420 IPC and Section 5 of TANPID Act.

3.The main ground that has been raised in the transfer petition is that the connected proceedings are pending on the file of the Special Court, Coimbatore and therefore, the proceedings in C.C.No.34/2013 can also be transferred to Coimbatore. 4.The learned Additional Public Prosecutor, on instructions, submitted that the petitioners are now making attempts to settle the money to the depositors and therefore, the proceedings can continue before the same Court and if it is transferred, the process of settlement will be affected.

5. Taking into consideration the facts and circumstances of the case, this Court is not inclined to transfer the proceedings. Accordingly, this criminal original petition is dismissed. Sd/- Assistant Registrar(AD-I) // True Copy // Sub Assistant Registrar(CS) RR TO 1.The Special Judge, Special Court under TNPID (in Fin Estts) Act, 1997 Madurai 2.The Deputy Superintendent of Police, Economic Offences Wing-II Unit Coimbatore 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.15922 of 2017 20.09.2019 SE(CO) TR(11.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2