Madras High Court
P.Justin Raj vs State Of Tamil Nadu on 21 April, 2017
Author: P.N.Prakash
Bench: P.N.Prakash
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2017 CORAM THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.15446 of 2016, 12319 and 12321 of 2015 Crl.O.P.(MD) No.15446/2016 P.Justin Raj ... Petitioner -vs- State of Tamil Nadu Through Inspector of Police Economic Offences Wing II Nagercoil Kanyakumari District ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the learned Special Court for the Tamil Nadu Protection of Depositors (in Financial Establishment Act 1997) (TANPID Act Cases) Madurai to dispose of the C.C.No.94 of 2008 within a stipulated time as that may be fixed by this Court. For Petitioner : Mr.S.Veeranasamy For Respondents : Mr.K.Anbarasan Government Advocate (Crl. side) Crl.O.P.(MD) No.12319/2015 R.Sobana Jai ... Petitioner -vs- 1.State rep. by its The Inspector of Police Economic Offences Wing II Nagercoil, Kanyakumari District. 2.Balakrishnan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.94 of 2008 on the file of the Special Judge, Special Court under TANPID Act, Madurai, and quash the same. For Petitioner : Mr.S.Gokulraj For Respondents : Mr.K.Anbarasan Government Advocate (Crl. side) Crl.O.P.(MD) No.12321/2015 Rajeshkumar ... Petitioner -vs- 1.State rep. by its The Inspector of Police Economic Offences Wing II Nagercoil, Kanyakumari District. 2.Balakrishnan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.11 of 2009 on the file of the Special Judge, Special Court under TANPID Act, Madurai, and quash the same. For Petitioner : Mr.S.Gokulraj For Respondents : Mr.K.Anbarasan Government Advocate (Crl. side) :COMMON ORDER
Crl.O.P.(MD) No.15446/2016 has been filed to direct the learned Special Court for the Tamil Nadu Protection of Depositors (in Financial Establishment Act 1997) (TANPID Act Cases) Madurai to dispose of the C.C.No.94 of 2008 within a stipulated time.
2. Crl.O.P.(MD) Nos.12319 and 12321 of 2015 have been filed to quash the cases in C.C.Nos.94 of 2008 and 11 of 2009 on the file of the Special Judge Special Court under TANPID Act, Madurai.
3. In view of the final order passed by the Hon'ble Supreme Court in Crl.A.No.94/2010 on 06.01.2016 and in the light of the judgment of this Court in Viswapriya (India) Limited and another v. Government of Tamil Nadu and others reported in (2015) 3 MLJ (Crl) 385, wherein, this Court has held that the Economic Offences Wing has the power to conduct investigation of offences under the TANPID Act, these petitions are not maintainable and accordingly, these petitions are dismissed with a direction to the trial Court to proceed with the trial in accordance with law. Liberty is given to the petitioner to raise all the points before the trial Court. Consequently, connected Miscellaneous Petitions are closed.
To:
1.The Special Judge, Special Court under TANPID Act, Madurai
2.The Inspector of Police Economic Offences Wing II Nagercoil, Kanyakumari District
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..