Madras High CourtCRL OP(MD)/8811/2011dismissed

Muthuvel Industries v. The 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.8811 of 2011 and M.P(MD) No. 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.

...Petitioners 1 to 9 rep. by

A.Subburam 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.C.Chitra 19.K.Muthulakshmi ... Petitioners/Accused 1 to 19 -VsState, Represented by The Inspector of Police, EOW-II, Dindigul, Dindigul District.

... Respondent/Complainant

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.3 of 2008, on the file of the Special Court for TNPID Act Madurai and to quash the same. For Petitioners : Mr.S.Natesh Raja for M/s.B.S.G.Firm For Respondent : Mr.K.Anbarasan Government Advocate (Criminal Side)

O R D E R

This petition has been filed to quash the case in C.C.No.3 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.

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. The learned counsel for the petitioners would submit that the personal appearance of the petitioners may be dispensed with and they further undertake that the petitioners/accused will extend their co-operation for completion of the trial within the time stipulated by this Court.

6. Perusal of the records would reveal that there are prima facie materials available against the petitioners. Hence, this Court is not inclined to quash the case in C.C.No.3 of 2008, on the file of the Special Court under TNPID Act cases, Madurai.

7. In the result, this Criminal Original Petition is dismissed. Consequently, connected M.P.(MD).No.2 of 2011 is also dismissed.

8. 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 and they shall not dispute the identity of the witnesses. Further, the learned Special Judge under TNPID Act, Madurai, is directed to dispose of the case in C.C.No.3 of 2008, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar

To:

1.The Judge, Special Court for TNPID Act Cases, Madurai.

2.The Inspector of Police, EOW-II, Dindigul, Dindigul District.

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

PJL sva/msk/ttn/23.01.2017/3p/4c Crl.O.P.(MD) No.8811 of 2011 30.11.2016