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[Cites 2, Cited by 0]

Madras High Court

Viswapriya Financial Services vs State on 14 July, 2022

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                    Crl. O.P. No.4885 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated: 14/7/2022

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                                               Crl. O.P. No.4885 of 2022
                                                         and
                                               Crl.M.P.No.2588 of 2022

                     Viswapriya Financial Services
                       and Securities Ltd
                     name changed to M/s. Viswapriya India Ltd
                     rep. By its Director
                     Mr.R.Subramanian
                     No.75 C, 2nd Main Road
                     Gandhi Nagar, Adyar
                     Chennai 600 020.                          ...           Petitioner

                                                           Vs

                     State
                     rep. By The Deputy Superintendent of Police
                     Economic Offences Wing – II
                     Guindy
                     Chennai 600 032.                           ...          Respondent


                     PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to

                     set aside the order dated 21/2/2002 in Crl.M.P.No.203 of 2022 in C.C.No.6 of

                     2020 on the file of the Special Court for TNPID Act offences, Chennai.



                     Page No:1/4

https://www.mhc.tn.gov.in/judis
                                                                                         Crl. O.P. No.4885 of 2022


                                        For Petitioner         ...    Mr.R.Subramanian
                                                                      for Ms.G.Rajathi
                                        For respondent          ...   Mr.Leonard Arul Joseph Selvam
                                                                      Government Advocate
                                                                      (Criminal Side)
                                                                      Mr.C.Arun Kumar
                                                                      for Victim (Depositor)
                                                               -----
                                                           ORDER

This Criminal Original Petition has been filed to set aside the order, dated 21/2/2002, made in Crl.M.P.No.203 of 2022 in C.C.No.6 of 2020, on the file of the Special Court for TNPID Act Offences, Chennai.

2. Heard Mr.R.Subramanian, learned counsel for the petitioner, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal Side) for the respondent and Mr.C.Arunkumar for victim/depositor.

3. The learned counsel appearing for the petitioner submitted that he needs clarification in paragraph 5 of the order dated 21/2/2022, made in Crl.M.P.No.202 of 2022 in C.C.No.6 of 2020.

4. A perusal of the materials would reveal that vide, order, dated 21/2/2022, in Crl.M.P.No.202 of 2022 in C.C.No.6 of 2020, the Court of Page No:2/4 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4885 of 2022 Special Judge under the Tamil Nadu Protection of Interest of Depositors (in Financial Establishment) At, 1997, directed the petitioner herein/A.4 to engage only one counsel viz., M/s. M.K.Kanimozhi or Prakash Gokalaney or K.Panjalakshmi or to represent himself as a party in person and to represent himself (A.4) and to accused Companies A.1 to A.3, A.18 to A.31.

5. Considering the limited relief sought for by the petitioner, this Court is of the view that since the petitioner has been permitted to represent A.1 alone, the order passed by the trial Court directing him to represent himself to accused Companies may not be given effect to, since all other Companies are represented by their respective counsel.

6. In such a view of the matter, this Criminal Original Petition is disposed of. Consequently, connected criminal Miscellaneous Petition is closed.

14/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

Page No:3/4 https://www.mhc.tn.gov.in/judis Crl. O.P. No.4885 of 2022 N. SATHISH KUMAR, J mvs.

To

1. The Special Court for TNPID Act offences, Chennai.

2. The Deputy Superintendent of Police Economic Offences Wing – II Guindy Chennai 600 032.

3. The Public Prosecutor Madras High Court.

Crl. O.P. No. 4885 of 2022

14/7/2022 Page No:4/4 https://www.mhc.tn.gov.in/judis