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[Cites 7, Cited by 0]

Madras High Court

Nandaa Kumar vs State Of Tamil Nadu on 21 July, 2023

Author: V.Sivagnanam

Bench: V.Sivagnanam

                                                                            Crl.O.P.No.25689 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 21.07.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                               Crl.O.P.No.25689 of 2021
                                                          and
                                       Crl.M.P.Nos.14259, 14260 & 14262 of 2021

                     Nandaa Kumar                                       ... Petitioner

                                                          Vs.

                     1.State of Tamil Nadu,
                       Rep., by Deputy Superintendent of Police,
                       Crime Branch CID,
                       Organised Crime Unit-I, Chennai – 600 008.
                       (FIR in Crime No.2/2021)

                     2.The Commissioner of Police,
                       132, EVK Sampath Road,
                       Vepery, Periyamet,
                       Chennai – 600 007.

                     3.The Director General of Police,
                       Dr. Radhakrishnan Salai Road,
                       Mylapore, Chennai – 600 004.

                     4.The Superintendent of Police,
                       CBCID,
                       24, Pantheon Road,
                       Komaleeswaranpet,
                       Egmore, Chennai – 600 008.

                     Page 1 of 6


https://www.mhc.tn.gov.in/judis
                                                                            Crl.O.P.No.25689 of 2021



                     5.R.Sundaresan                                      ... Respondents

                     Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to
                     call for the records and quash the correspondences dated 03.03.2021 issued
                     by the respondent No.1 to the Banker of the petitioner in C.No. Crime I
                     (3)/963/13101/2020 with reference to CBCID, OCU-I Cr.No.02/2021,
                     under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration
                     Act; and to direct the respondent No.1 to provide copy of correspondence
                     dated 09.03.2021 issued by the respondent No.1 to the Sub Registrar
                     Office, Guduvanchery, Chengalpet in C.No. Crime I (3)/963/13101/2020
                     with reference to CBCID, OCU-I Crime No.02/2021, under Section 420,
                     506(i) IPC & Section 10 r/w Section 24 of Emigration Act, 1983 to the
                     petitioner; and to annul or nullify the correspondence dated 09.03.2021
                     issued by the respondent No.1 to the Sub-Registrar Office, Guduvanchery,
                     Chengalpet in C.No. Crime I (3)/963/13101/2020 with reference to
                     CBCID, OCU-I Cr. No.02/2021, u/s.420, 506(i) IPC & Section 10 r/w
                     Section 24 Emigration Act, 1983.


                                   For Petitioner    ... Mr. Richardson Wilson

                                   For Respondents   ... Mr. L. Baskaran
                                                         Government Advocate (Crl.Side)




                     Page 2 of 6


https://www.mhc.tn.gov.in/judis
                                                                                   Crl.O.P.No.25689 of 2021

                                                           ORDER

This Criminal Original Petition is filed to call for the records and quash the correspondences dated 03.03.2021 issued by the respondent No.1 to the Banker of the petitioner in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Cr.No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act; and to provide copy of correspondence dated 09.03.2021 issued by the respondent No.1 to the Sub Registrar Office, Guduvanchery, Chengalpet in C.No. Crime I (3)/963/13101/2020 with reference to CBCID, OCU-I Crime No.02/2021, under Section 420, 506(i) IPC & Section 10 r/w Section 24 of Emigration Act, 1983 to the petitioner; and to annul or nullify the same.

2. All the prayers are with regard to quash the correspondence dated 03.03.2021 by the respondent No.1 to the banker with regard to C.No.Crime I (3)/963/13101/2020 and provide copy of the correspondence dated 09.03.2021 issued by respondent No.1 pertaining to C.No.Crime I (3)/963/13101/2020; and nullify the same and these are only the correspondence made by the first respondent to the banker as well the Sub Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25689 of 2021 Registrar, Guduvanchery. In pursuance of the correspondence made by the first respondent police, what action had been taken by the concerned authorities not filed.

4. Under these circumstances, challenging the order being the correspondence made by the first respondent to the banker as well the Sub Registrar, Guduvenchery, cannot be entertained and there is no merit in the criminal original petition.

5. Hence, this Criminal Original Petition is dismissed, with liberty to the petitioner to challenge the order passed in pursuance of the impugned correspondence made by the first respondent. Consequently, connected miscellaneous petitions are closed.

21.07.2023 Index : Yes/No Neutral Citation : Yes/No AT Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25689 of 2021 To

1.The Deputy Superintendent of Police, State of Tamil Nadu, Crime Branch CID, Organised Crime Unit-I, Chennai – 600 008. (FIR in Crime No.2/2021)

2.The Commissioner of Police, 132, EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

3.The Director General of Police, Dr. Radhakrishnan Salai Road, Mylapore, Chennai – 600 004.

4.The Superintendent of Police, CBCID, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai – 600 008.

Page 5 of 6

https://www.mhc.tn.gov.in/judis Crl.O.P.No.25689 of 2021 V.SIVAGNANAM ,J.

AT Crl.O.P.No.25689 of 2021 and Crl.M.P.Nos.14259, 14260 & 14262 of 2021 21.07.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis