Madras High CourtCRL OP(MD)/21273/2023disposed of

S.Vadamalai Raja v. K.T.Natarajan

2023-11-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN S.Vadamalai Raja ... Petitioner Vs

1. K.T.Natarajan

2. Nithya

3. S.Natarajan

4. Ramesh

5. Ilamthalir Finance and Jewelers

6. The Superintendent of Police, Trichy, Trichy District.

7. The Inspector of Police, Economic Offences Wing, Trichy District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court, to direct the 6th and 7th Respondents to comply the order passed by the learned Special Judge for TANPID Act in Cr.MP.No.189 of 2023 on 1/4

02.06.2023 as against the 1st to 5th respondents/proposed accused for the offence under Sec.294(b),120(b),406,420,506(i) IPC and Section 5 of TANPID Act and proceed the same as per law within a stipulated time that may be fixed by this Court.

For Petitioner :

Mr. Palaniappan M.K For Respondents :

Mr. M.Sakthi Kumar (R6,R7) Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the 6th and 7th Respondents to comply the order passed by the learned Special Judge for TANPID Act in Cr.MP.No.189 of 2023 on 02.06.2023 as against the 1st to 5th respondents/proposed accused for the offence under Sec.294(b),120(b), 406,420,506(i) IPC and Section 5 of TANPID Act and proceed the same as per law within a stipulated time that may be fixed by this Court. 2.The grievance of the petitioner is that he approached the TANPID Court, Madurai seeking for police investigation into the complaint given by the petitioner under Section 156(3) of Cr.P.C. and the same was considered and order was passed by directing the 7th respondent to make an enquiry.

2/4

3.Based on the said direction, enquiry was undertaken by the 7th respondent and finding that it was a civil dispute over a money transaction, hence, it was concluded that the provisions of TANPID Act would not attract. Today, based on the legal opinion, a report was submitted by the 7th respondent before the concerned Court.

4.In view of the above, no more direction is required to be passed in this petition. If the petitioner is aggrieved with the same, he is at liberty to challenge the same in the manner known to law. Accordingly, this petition stands disposed of.

27.11.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Superintendent of Police, Trichy, Trichy District.

2. The Inspector of Police, Economic Offences Wing, Trichy District.

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

3/4

G.ILANGOVAN, J.

PNM ORDER IN 27.11.2023 4/4