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Madras High CourtCRL MP(MD)/909/2023ordered

The Inspector Of Police v. P.Udhayakumar

2023-01-19Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.909 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.909 of 2023 IN CRL OP(MD) No.14023 of 2019 THE INSPECTOR OF POLICE CRIME BRANCH CID, NAGERCOIL, KANYAKUMARI DISTRICT.

... PETITIONER/RESPONDENT Vs 1 P.UDHAYAKUMAR 2 RAIS AHMAD DIRECTOR TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFIRS (FCRA WING), 1ST WING, B-WING, CITY CENTRE-II, JAISINGH ROAD, OPPOSITE JUNTAR MANTAR, NEW DELHI.

... RESPONDENTS/PETITIONERS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time for a further period of six months to complete the investigation and to file a final report as per the directions given by this Madurai Bench of Madras High Court, Madurai by its order dated 16.09.2022 made in Crl.M.P.(MD)No.7329 in Crl.OP(MD). 14023/2019.

Prayer in CRL OP(MD). 14023/ 2019 :

To Call for the records pertaining to the first Information Report in Cr.No.2 of 2012 on the file of 1st respondent registered u/s.35 of Foreign Contribution (Regulation) Act, dated 03.09.2012 and quash the same as illegal.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.NAMBISELVAN, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Petitioner and of Mr.V.RAJIV RUFUS, Advocate on behalf of the 1st Respondent, the court made the following order:- This petition has been filed by the State to extend the time for a further period of six months to complete the investigation and to file final report.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.909 of 2023 2.The learned Additional Public Prosecutor submitted that now under the Provisions of Foreign Contribution (Regulation) Act, they have to obtain permission from the Central Government. So far, 45 witnesses have been examined and 25 documents have been collected. To complete the investigation, it will take another six months. They have also sent the recommendation on 01.12.2022. Since the Central Government has to act, they require time. Reminder has also been sent on 11.01.2023.

3.In view of the above, four months time is extended to the police to complete the investigation and file the final report. Let the learned Additional Public Prosecutor inform the Court about the development.

sd/- 19/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE INSPECTOR OF POLICE CRIME BRANCH CID, NAGERCOIL, KANYAKUMARI DISTRICT. 2 RAIS AHMAD DIRECTOR TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFIRS (FCRA WING), 1ST WING, B-WING, CITY CENTRE-II, JAISINGH ROAD, OPPOSITE JUNTAR MANTAR, NEW DELHI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.V.RAJIV RUFUS, Advocate SR.No.2791 (F) Date:19/01/2023.

ORDER IN CRL MP(MD) No.909 of 2023 IN CRL OP(MD) No.14023 of 2019 Date :19/01/2023 SA/VR/SAR.4/01.02.2023/2P/6C https://www.mhc.tn.gov.in/judis 2/2