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[Cites 7, Cited by 0]

Madras High Court

S.Vadamalai Raja vs K.T.Natarajan on 27 November, 2023

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                            Crl.O.P.(MD) No.21273 of 2023


                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 27.11.2023

                                                   CORAM:

                                  THE HONOURABLE MR. JUSTICE G.ILANGOVAN

                                          Crl.O.P.(MD) No.21273 of 2023

                S.Vadamalai Raja
                                                                                      ... Petitioner

                                                       Vs

                1. K.T.Natarajan

                2. Nithya

                3. S.Natarajan

                4. Ramesh

                5. Ilamthalir Finance and Jewelers

                6. The Superintendent of Police,
                Trichy, Trichy District.

                7. The Inspector of Police,
                Economic Offences Wing,
                Trichy District.
                                                                                 ... Respondents

                PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying
                this Court, to direct the 6th and 7th Respondents to comply the order passed by
                the learned Special Judge for TANPID Act in Cr.MP.No.189 of 2023 on

                1/4

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.(MD) No.21273 of 2023


                02.06.2023 as against the 1st to 5th respondents/proposed accused for the
                offence under Sec.294(b),120(b),406,420,506(i) IPC and Section 5 of
                TANPID Act and proceed the same as per law within a stipulated time that
                may be fixed by this Court.
                                         For Petitioner    :      Mr. Palaniappan M.K

                                         For Respondents :        Mr. M.Sakthi Kumar (R6,R7)
                                                                  Government Advocate (Crl.Side)


                                                          ORDER

This petition has been filed to direct the 6th and 7th Respondents to comply the order passed by the learned Special Judge for TANPID Act in Cr.MP.No.189 of 2023 on 02.06.2023 as against the 1st to 5th respondents/proposed accused for the offence under Sec.294(b),120(b), 406,420,506(i) IPC and Section 5 of TANPID Act and proceed the same as per law within a stipulated time that may be fixed by this Court.

2.The grievance of the petitioner is that he approached the TANPID Court, Madurai seeking for police investigation into the complaint given by the petitioner under Section 156(3) of Cr.P.C. and the same was considered and order was passed by directing the 7th respondent to make an enquiry.

2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21273 of 2023

3.Based on the said direction, enquiry was undertaken by the 7th respondent and finding that it was a civil dispute over a money transaction, hence, it was concluded that the provisions of TANPID Act would not attract. Today, based on the legal opinion, a report was submitted by the 7th respondent before the concerned Court.

4.In view of the above, no more direction is required to be passed in this petition. If the petitioner is aggrieved with the same, he is at liberty to challenge the same in the manner known to law. Accordingly, this petition stands disposed of.

27.11.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Superintendent of Police, Trichy, Trichy District.

2. The Inspector of Police, Economic Offences Wing, Trichy District.

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

3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.21273 of 2023 G.ILANGOVAN, J.

PNM ORDER IN Crl.O.P.(MD) No.21273 of 2023 27.11.2023 4/4 https://www.mhc.tn.gov.in/judis