Madras High Court
P.Meenapathy vs State Rep. By on 30 November, 2016
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram
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.16170 of 2012
and
M.P(MD) No.1 to 3 of 2012
1.P.Meenapathy
2.P.Pragaspathy .. Petitioners / A2 and A3
-Vs-
State rep. by,
1.The Deputy Superintendent of Police,
Economical Offence Wing-2,
Dindigul.
2.The Competent Authority cum
District Revenue Officer,
Dindigul District,
Dindigul. .. 1st & 2nd Respondents/Complainants
3.Nachiappan .. 3rd Respondent/defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure, to pass an order and call for the records pertaining to
proceedings in C.C.No.5 of 2008, on the file of the Learned Tamilnadu
Protection of Interest of Depositors (In Financial Establishments)
Act/Special Court Madurai and quash the same.
!For Petitioners : Mr.M.Thirunavukkarasu
^For R1 and R2 : Mr.K.Anbarasan
Government Advocate (Crl. Side)
:ORDER
This petition has been filed to quash the case in C.C.No.5 of 2008, on the file of the Special Court under 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. He further submitted that the personal appearance of the petitioners may be dispensed with and he also undertakes that the petitioners will extend their co-operation for completion of the trial within the time stipulated by this Court.
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. 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.5 of 2008, on the file of the Special Court under TNPID Act cases, Madurai.
6. In the result, this Criminal Original Petition is dismissed. Consequently, connected M.P.(MD).Nos.1 and 2 of 2012 are closed.
7. 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 under TNPID Act, Madurai, is directed to dispose of the case in C.C.No.5 of 2008, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.
To
1. The Special Court for TNPID Act Cases, Madurai.
2. The Deputy Superintendent of Police, Economical Offence Wing-2, Dindigul.
3.The Competent Authority cum District Revenue Officer, Dindigul District, Dindigul.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..