Madras High Court
P.Rammohan vs Government Of Tamil Nadu on 13 November, 2019
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12674 of 2015
and
Crl.O.P.(MD)Nos.3269 and 3702 of 2015
and
M.P.(MD)Nos.1, 1, 2, 2 and 3 of 2015
In W.P.(MD)No.12674 of 2015
P.Rammohan ... Petitioner
Vs
1.Government of Tamil Nadu,
Rep. by its Secretary,
Home Department,
St. George,
Chennai-600 009.
2.The Additional Director General of Police,
EOW-II,
Anna Nagar,
Chennai.
3.The State of Tamil Nadu,
Represented by Inspector of Police,
Economics Offence Wing-II,
CID, Trichy. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Declaration, to declare the
registration of the FIR No.1 of 2015 as without jurisdiction.
For Petitioner : Mr.M.Palaniraja
http://www.judis.nic.in
2
For R1 & R3 :Mr.A.Robinson
Government Advocate (Crl.side)
For R2 : Mr.C.Jeganathan
In Crl.O.P.(MD)Nos.3269 of 2015
R.Subramanian ... Petitioner
Vs
1.State represented
by Inspector of Police,
Economics Offence Wing-II,
CID, Trichy.
2.V.N.Balakrishna Sarma ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to call for the records and quash the First
Information Report in Crime No.1 of 2015 on the file of the first
respondent with regard to the petitioner.
In Crl.O.P.(MD)Nos.3702 of 2015
1.Dr.V.N.Balakrishna Sarma
2.M/s.Viswapriya Investors Welfare Association,
Rep. by its Joint Secretary,
R.Balakrishnan, aged 62,
No.17, 4th Cross Street,
Indira Nagar, Chennai. ... Petitioners
Vs
1.R.Subramanian
2.A.Srimathi
3.The Inspector of Police,
Economic Offences Wing-II,
http://www.judis.nic.in CID, Trichy. ... Respondents
3
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to cancel the bail order granted to the respondents 1
and 2 herein on 13.01.2015 in CMP No.36/2015 and 37/2015
on the file of the Chief Judicial Magistrate, Trichy.
For Petitioners : Mr.M.Palaniraja
For Respondents :Mr.A.Robinson
Government Advocate (Crl.side)
COMMON ORDER
In all these cases, a common ground has been raised to the fact that the respondent Police did not have the jurisdiction to investigate the offences under TNPID Act.
2.The issue is no longer res integra. The Hon'ble Supreme Court, in the decision reported in (2011) 3 SCC 793(K.K.Baskaran Vs. State), rejected the said contention and sustained the validity of the TNPID Act.
3.A learned Judge of this Court, in the decision reported in 2015 4 law Weekly 33 (Viswapriya Financial Services and Securities Ltd., Vs. Government of Tamil Nadu), sustained the power of the police to investigate the offences under TNPID Act.
http://www.judis.nic.in 4 G.R.SWAMINATHAN.J., rmi
4.Therefore, respectfully following the aforesaid two decisions including the decision reported in 2019 1 LW(Crl) 197 (K.Mukund Rao Vs. M.Mohamed Riyaz), these criminal original petitions and writ petition are dismissed. Consequently, connected miscellaneous petitions are closed.
13.11.2019 rmi To
1.The Secretary, Home Department, St. George, Chennai-600 009.
2.The Additional Director General of Police, EOW-II, Anna Nagar, Chennai.
3.The State of Tamil Nadu, Represented by Inspector of Police, Economics Offence Wing-II, CID, Trichy.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P.(MD)No.12674 of 2015
and http://www.judis.nic.in Crl.O.P.(MD)Nos.3269 and 3702 of 2015