Madras High Court
Viswapriya India Ltd vs State Represented By on 23 August, 2023
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Criminal Original Petition No.18545 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Criminal Original Petition No.18545 of 2023
and
Crl.M.P.No.12343 of 2023
Viswapriya India Ltd.,
represented by its Director R.Subramanian
No.75 C, 2nd Main Road,
Gandhi Nagar, Adayar, Chennai - 600 020. ...Petitioner
Vs
State represented by
The Deputy Superintendent of POlice,
EOW-II, Guindy,
Chennai - 600 032. ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973, praying to set aside the order dated
23.06.2023 of the learned Special Judge under TNPID Act, Chennai,
closing prosecution evidence and consequently, direct the prosecution to
complete the investigation on all pending complaints and place the findings
on record of the case before the Special Court and thereafter, close the
prosecution evidence.
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https://www.mhc.tn.gov.in/judis
Criminal Original Petition No.18545 of 2023
For Petitioner : Mr.I.Subramanian, Senior Counsel
for Mr.T.Sugirtha
For Respondent : Mr.A.Gopinath
Government Advocate [Crl.side]
*****
ORDER
This Criminal Original Petition has been filed challenging the order passed by the Court below dated 23.06.2023 wherein the Court below has closed the evidence on the side of the prosecution and posted the case for questioning u/s.313 Cr.P.C.
2. Heard Mr.I.Subramanian, learned Senior Counsel appearing for petitioner and Mr.A.Gopinath, learned Government Advocate [Crl.side] appearing for respondent.
3. The main grievance that has been expressed by learned Senior Counsel appearing on behalf of the petitioner is that even as late as May 2023, an affidavit was filed to the effect that investigation is pending on nearly 400 complaints, which were received even before the final report was filed in July 2019. Till date, no report has been filed with respect to those pending complaints and it was not made part of the final report which was 2/4 https://www.mhc.tn.gov.in/judis Criminal Original Petition No.18545 of 2023 already filed. In view of the same, it was contended that the Court below was not correct in closing the evidence on the side of the prosecution and posting the case for questioning u/s.313 Cr.P.C.
4. Learned Senior Counsel further submitted that a specific stand has been taken in the counter filed by the respondent that the left out depositors can be added even at the advanced stage of trial and if required, a supplementary charge sheet can be filed with regard to the pending complaints and the same can be taken cognizance by the trial Court and the same will sufficiently take care of the grievance expressed by the petitioner.
5. Learned Government Advocate [Crl.side] appearing on behalf of the respondent, on specific instructions, submitted that whatever complaints form part of the final report and whatever witnesses have already been examined on the side of prosecution is final and no further complaints or additional/supplementary charge sheet will be filed in this case. Learned Government Advocate [Crl.side] further submitted that the questioning u/s.313(1)(b) Cr.P.C. was completed on 03.08.2023.
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6. In the light of the specific stand taken by the respondent, the grievance expressed by the petitioner has been sufficiently answered. Recording the same, this Criminal Original Petition is disposed of. The trial Court shall keep in mind the direction issued by the Hon'ble Apex Court to complete the trial as expeditiously as possible. Consequently, connected miscellaneous petition is closed.
23.08.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm To
1.The Special Judge under TNPID Act, Chennai.
2.The Deputy Superintendent of POlice, EOW-II, Guindy, Chennai - 600 032.
3.The Public Prosecutor, High Court, Madras.
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