Ravichandran v. The Inspector Of Police

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.9569 of 2013 and M.P(MD).Nos.1 of 2013 1.Ravichandran 2.K.Karnan ... Petitioners/A1&A3 -Vs1.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 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the 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 Petitioners : Mr.J.Anandkumar For R-1 : Mr.K.Anbarasan Government Advocate(Crl.Side)

ORDER

This petition has been filed to quash the case in C.C.No.115 of 2008, on the file of the learned Special Judge for TNPID Act Cases, Madurai.

2. Heard the learned counsel for the petitioners 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 submitted that the personal appearance of the petitioners may be dispensed with and they further undertakes 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 proceedings in C.C.No.115 of 2008, on the file of the Special Court under TNPID Act, Madurai.

7. In the result, this Criminal Original Petition is dismissed. Consequently, connected M.P.(MD).No.1 of 2013 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 further they shall not dispute the identity of the witnesses. Further, the learned Special Judge for TNPID Act, Madurai, is directed to dispose of the case in C.C.No.115 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 Special Court for TNPID Act Cases, Madurai.

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

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

pjl sm:RR-BS:2.2.2017:2P/4C Crl.O.P.(MD).No.9569 of 2013 30.11.2016 https://hcservices.ecourts.gov.in/hcservices/