K.Kumaresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.5811 of 2013 AND MP(MD)NO.1 OF 1.K.Kumaresan 2.K.Kamatchiyappan .. Petitioners/Accused Vs.

1.The State of Tamil Nadu, Rep. By the Inspector of Police, District Crime Branch, Theni District.

.. 1st Respondent/Complainant 2.K.Mariyammal .. 2nd Respondent/Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for records pertaining to the criminal case in C.C.No.115 of 2008 on the file of the Special Judge under the TNPID Act at Madurai and to quash the same.

For Petitioner : Mr.P.Muthuvijayapandian For 1st Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side

O R D E R

The petitioners seek a direction to call for records in C.C.No.115 of 2008 on the file of the Special Judge under the TNPID Act at Madurai and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent.

3.This petition is filed on the ground that the respondent police has no jurisdiction to investigate and entire investigation has to be done by the competent authority as per Section 2(1) of TNPID Act. This Court dismissed the similar quash petitions, which was also confirmed by the Hon'ble Supreme Court. https://hcservices.ecourts.gov.in/hcservices/

4. I find no merit in this petition and the same is dismissed. Consequently, connected M.P.(MD) No. 1 of 2013 is also dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar CM To:

1.The Inspector of Police, District Crime Branch,Theni District.

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

GJM/SS2/KSM/12.1.17-2P-3C Crl.O.P.(MD) No.5811 of 2013 and M.P.(MD) No. 1 of 2013 28.11.2016 https://hcservices.ecourts.gov.in/hcservices/