A writ petition sought directions to the police to identify and forfeit assets of a company involved in misappropriation. The court, noting the investigation was completed and a final report laid before the Special Court, disposed of the petition by directing petitioners to approach the Special Court for relief.
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WP(MD)No.31290 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD) No.31290 of 2023
2.S.Annalakshmi 3.S.Akshara ... Petitioners
/vs./
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WP(MD)No.31290 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to identify the assets of the 3rd respondent's company forfeit the same in the case of FIR No.5/2020 on the file of the 2nd respondent police and place the same before the Special Court for TNPID Act, Madurai by enabling the petitioners to collect their due share of misappropriation money by the 3rd respondent's company by considering petitioners representation dated 06.05.2023 against the 3rd respondent and for other such reliefs, within the period stipulated by this Court.
For Petitioners : Mr.A.Haja Mohideen For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor
ORDER
This Writ Petition is filed to direct the first Respondent to direct the second Respondent to identify the assets of the third Respondent's Company, forfeit the same in the case of FIR No.5/2020 on the file of the second Respondent Police and place the same before the Special Court for TNPID Act, Madurai by enabling the Petitioners to collect their due share, which they had deposited and subject of misappropriation by the third Respondent's Company by considering the Petitioners representation dated 06.05.2023 against the third Respondent and for other such reliefs, within the period stipulated by this Court.
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WP(MD)No.31290 of 2023
2.The learned counsel for the Petitioners submits that the Petitioners are the complainants. They lost their money in the deposit. They had given a complaint, based on which the FIR was registered in Crime No.5 of 2020 on the file of the second Respondent. Even though FIR was registered in the year 2020, till date it has not proceeded. Therefore, he seeks direction to the Respondents to complete the investigation.
3.The learned Additional Public Prosecutor submitted that the investigation had been completed and there are about 1578 depositors. The amount involved is more than Rs.45 Crores. Final report was laid before the TNPID Court, Madurai and now, scanning process is going on.
Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is disposed of with a direction to the Petitioners to approach the learned Judge, Special Court for TNPID Act Cases concerned for their relief by
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WP(MD)No.31290 of 2023
filing appropriate petition before the learned Judge, Special Court for TNPID Act Cases. No costs.
03.01.2024
Index : Yes / No Internet : Yes / No mm
TO:
2.The Inspector of Police, Economic Crime Branch – II, Door No.39, Viswanathapuram Main Road, Viswanathapuram, Madurai 625 014.
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WP(MD)No.31290 of 2023
SATHI KUMAR SUKUMARA KURUP, J.
mm
Order made in W.P.(MD)No.31290 of 2023
Dated: 03.01.2024
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2 issues framed by the court
Whether the High Court can direct the police to forfeit assets of a third respondent's company in an FIR registered for TNPID Act.
Whether the Writ Petition can be disposed of with a direction to approach the Special Court for TNPID Act for relief.
1 provisions across 1 enactments
T.Nalini
S.Annalakshmi
S.Akshara
The Superintendent of Police, Office of Superintendent of Police, Madurai District, Madurai
The Inspector of Police, Economic Crime Branch – II, Door No.39, Viswanathapuram Main Road, Viswanathapuram, Madurai 625 014
The Managing Director, Greentech Distributors Private Limited, 328, North Masi Veethi, Madurai 625 001
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
