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Madras High CourtCRL OP(MD)/3396/2011dismissed

Muthuvel Industries v. Inspector Of Police

2016-11-30Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.3396 of 2011 and M.P(MD) No.1 & 2 of 2011 1.Muthuvel Industries, No.20-A, Race Course Road, Dindigul.

2.Muthuvel Finance, No.20-A, Race Course Road, Dindigul.

3.Muthuvel Investments, No.20-A, Race Course Road, Dindigul.

4.Muthuvel and Co., No.20-A, Race Course Road, Dindigul.

5.Muthuvel Syndicate, No.20-A, Race Course Road, Dindigul.

6.Muthuvel Corporation, No.20-A, Race Course Road, Dindigul.

7.Muthuvel Enterprises, No.20-A, Race Course Road, Dindigul.

8.Muthuvel Associates, No.20-A, Race Course Road, Dindigul.

9.Muthuvel Services, No.20-A, Race Course Road, Dindigul.

10.A.Subburam 11.A.Muthuvel 12.A.Jayakumar

13.Kannammal Subburam 14.V.S.K.Chandrasekaran 15.K.Ganesan 16.M.Jothi 17.J.Geetha 18.K.Muthulakshmi 19.C.Chitra .. Petitioners/A1 to A19 -VsState represented by, The Inspector of Police/EOW-II, Dindigul District, Dindigul.

.. Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the criminal case in C.C.No.2 of 2008, on the file of the learned Special Judge under the TNPID Act at Madurai and to quash the same.

For Petitioners : Mr.V.Ayyadurai For Respondent : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This petition has been filed to quash the case in C.C.No.2 of 2008, on the file of the learned Special Judge under TNPID Act, Madurai.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State.

3. It is mainly contended by the learned counsel for the petitioners that the respondent police has no power to investigate the case registered under the provisions of TNPID Act and it has to be done only by the Revenue Divisional Officer/Competent Authority as per Section 2(1) of TNPID Act. He further submitted that the personal appearance of the petitioners may be dispensed with and he also undertakes that the petitioners will extend their co-operation for completion of the trial within the time stipulated by this Court.

4.Per contra, the learned Government Advocate (Crl. Side) on instructions, would submit that the Hon'ble Supreme Court had already considered and rejected the grounds raised in the quash petition.

5.In view of the above facts, this Court is not inclined to quash the case in C.C.No.2 of 2008, on the file of learned Special Judge under TNPID Act, Madurai. Hence this Criminal Original Petition is dismissed. Consequently, connected M.P. (MD).No.1 of 2011 is closed.

6.The personal appearance of the petitioners is dispensed with and they are directed to appear before the Trial Court as and when their presence is required. Further, the learned Special Judge under TNPID Act, Madurai, is directed to dispose of the case in C.C.No.2 of 2008, as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. Special Court under TNPID Act, Madurai.

2. The Inspector of Police, Economic Offence Wing II, Trichy.

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

Crl.O.P.(MD) No.3396 of 2011 pjl anr/ss3/25.01.2017/3p/4c