Supreme Court - Daily Orders
T. R. Pachamujthu @ Parivendhar vs State By Addl. Deputy Commissioner Of ... on 22 September, 2017
Bench: A.K. Sikri, Ashok Bhushan
1
ITEM NO.53 COURT NO.6 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 7295/2017
(Arising out of impugned final judgment and order dated 06-09-2017
in CRLOP No. 3154/2017 passed by the High Court Of Judicature At
Madras)
T. R. PACHAMUJTHU @ PARIVENDHAR Petitioner(s)
VERSUS
STATE BY ADDL. DEPUTY COMMISSIONER OF POLICE & ORS. Respondent(s)
(FOR [APPLICATION FOR PERMISSION TO FILE LENGTHY SYNOPSIS AND LIST
OF DATES] ON IA 95563/2017 FOR PERMISSION TO FILE ADDITIONAL
DOCUMENTS ON IA 95564/2017)
Date : 22-09-2017 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE ASHOK BHUSHAN
For Petitioner(s) Mr. Mukul Rohatgi, Sr. Adv.
Mr. K.V. Viswanathan, Sr. Adv.
Mr. Goutham Shivshankar, Adv.
Mr. Saraswati. B., Adv.
Mr. Vivekanandha, Adv.
Mr. Raghavendra S. Srivatsa, AOR
For Respondent(s) Mr. R.C. Paul Kanagaraj, Adv.
Mr. K. Sendhilnaathan, Adv.
Mr. Chandan Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioner was released on bail on deposit of a sum of Rs. Signature Not Verified 75 crores and on execution of a bank guarantee of Rs. 10 crores. Digitally signed by ASHWANI KUMAR Date: 2017.09.23 12:44:00 IST Reason: According to the petitioner, he had paid the aforesaid amount in order to show his bona fide without admitting any fault on his 2 behalf. The High Court has passed the following directions:
a) The investigation in CCB Cr. No. 143 of 2016 on the file of the first respondent shall continue and a final report/charge sheet shall be filed within a period of eight weeks from the date of receipt of a copy of this order.
b) The cash deposit lying in the credit of CCB Cr. No. 143 of 2016 before the learned XI Metropolitan Magistrate, Saidapet, Chennai shall be utilized for the purpose of disbursing the amount to the 136 claimants referred to in the annexure of this order.
c) It will be open to the Hon'ble Commissioner to determine the amount due to each of the 136 claimants based on satisfactory receipts and the amounts indicated in the annexure.
d) The learned XI Metropolitan Magistrate, Saidapet, Chennai shall be present along with the Hon'ble Commissioner during disbursement along with necessary staffs for assistance.
e) It is will be open to the Hon'ble Commissioner to fix the date, time and venue for such disbursement.
f) The Registrar (Administration), Madras High Court shall depute one Stenographer and at least two Assistants to assist the Hon'ble Commissioner during such disbursal.
g) The Registrar (Administration) shall also co-ordinate with either the Director of Tamil Nadu State Judicial Academy, Chennai or the Director of Tamil Nadu State Legal Services Authority, Chennai for fixing up the venue for disbursement on or before 20.09.2017.
h) Mr. S. Radhakrishnan, Additional Deputy Commissioner of Police, Central Crime Branch-II, Greater Chennai Police, Vepery, Chennai-600 007 who is the Investigating Officer in this case shall assist the Hon'ble Commissioner during the disbursement.
i) The petitioner in Crl.O.P. No. 3154 of 2017 namely, Mr. T.R. Pachamuthu shall initially pay a sum of Rs. 5 lakhs as renumenration to the Hon'ble Mr. Justice N.Paul Vasanthakumar, the former Chief Justice of Jammu & Kashmir High Court.
The above said directions are passed in the petition filed by the petitioner under Section 482 of the Cr.P.C. for quashing of the 3 FIR/CCB Cr. No. 143 of 2016.
Learned counsel appearing for the first complainant/Dr. K. Jayachandran (respondent no.2) on caveat submits that if the money is released as directed by the High Court, he shall have no objection for quashing of the proceedings arising out of the aforesaid, provided that the money which was deposited is released back to the claimants by the Commissioner appointed by the High Court. We find that there are 136 claimants. Learned counsel for respondent no. 2 states that all these claimants are ready to make the aforesaid statement on payment of dues as directed by the High Court. This is acceptable to the petitioner as well. In these circumstances, we dispose of this petition with the following directions:
a) All the claimants are directed to approach the High Court with the aforesaid request by filing affidavits stating that they have no objection in quashing the criminal proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned.
b) On filing the affidavits the High Court shall quash the proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned.
c) Till the time these affidavits are filed and the order of the quashing is passed by the High Court the amount shall not be disbursed and the amount shall be disbursed only after filing of the affidavits.
d) The petitioner shall also be involved in the aforesaid process so that he is able to verify that only genuine persons have filed 4 the affidavits and received the payments.
The Special Leave Petition is disposed of accordingly. Pending application(s), if any, stands disposed of accordingly.
(ASHWANI KUMAR) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER