Rajam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.8011 of 2013 and M.P(MD)Nos.2 & 3 of 2013 Rajam .. Petitioner/Accused No. 2 Vs.

1. The State rep. by The Inspector of Police, Economic Offences Wing -II Kanyakumari District at Nagercoil.

(Crime No. 1/2008) .. Respondent/ Complainant

2. John Christopher .. Respondent/ Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the Criminal case in C.C.No. 12 of 2009, on the file of the Special Judge under the TNPID Act at Madurai and to quash the same. For Petitioner : Mr.C.Jegannathan for M/s.Veera Kathiravan For R1 : Mr.K.Anbarasan Government Advocate(Criminal side)

ORDER

This petition has been filed to quash the criminal case in C.C.No. 12 of 2009 on the file of the Special Judge under the TNPID Act at Madurai.

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

3. It is mainly contended by the learned counsel for the petitioner 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.

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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 petitioner would submit that the personal appearance of the petitioner may be dispensed with and he further undertakes that the petitioner/accused will extend his cooperation 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 petitioner. Hence, this Court is not inclined to quash the proceedings in C.C.No.12 of 2009, 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 2013 are also dismised.

8. The personal appearance of the petitioner is dispensed with and she is directed to appear before the Trial Court as and when her presence is required and further she 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.12 of 2009 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 (P&A) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Economic Offences Wing -II Kanyakumari District at Nagercoil

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

+1cc to M/S JEGANATHAN ADVOCATE in Sr No.74862. PJL/RNS MSK/KM/25.01.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD).No.8011 of 2013 30.11.2016