A.Muthukumar Vs State Rep. by

A.Muthukumar vs State Rep. by

Type Court Judgment Court Chennai Orders Decided Apr 29, 2025

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Citation: sooperkanoon.com/1879457
Court: Chennai Orders High Court
Judge: Honourable Mr Justice G.K. Ilanthiraiyan
Decided On: Apr 29, 2025
Case Number: CRL OP/13680/2025

Parties & Advocates

Appellant / Petitioner

A.Muthukumar

Respondent

State Rep. by

Excerpt

.....c.c.no.5 of 2017 on the file of the special judge, special court under tnpid act, 1977, coimbatore.2. heard the learned counsel appearing on either side and perused the materials available on record.3. it is seen from the records that the petitioner has beenconvicted for the offence punishable under section 420 of ipc. the case of the petitioner is that the amounts, which has been received from the depositors, are lying with one ponnusamy and therefore, he seeks recovery from the said ponnusamy. he also claims to have settled some of the depositors. however, this petition has been filed only after conviction. that apart, the said ponnusamy is neither an accused in the case nor are there any specific averments against him in the charge sheet.4. in view of the above, the direction sought for in thispetition cannot be granted, that too, after conviction of the petitioner and while he is facing sentence. accordingly, this criminal original petition stands dismissed. index : yes/no neutral citation : yes/nospeaking/non-speaking orderlpp to 1.the special judge, special court under tnpid act, 2.the inspector of police 3.the public prosecutor, high court of madras, chennai.g.k.ilanthiraiyan, j.lpp

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
A.Muthukumar .... Petitioner Vs State by The Inspector of Police Cr.NO.1 of 2016 .... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent police to recover the amount from the Ponnusamy, Thenral Avenue land owners namely T.R.Manickam, R.Thangaraj, R.Rangaraj and Vijayalakshmi, Myilsamy, Natarajan, Ramathal and Jayarani as contemplated U/s 3 of TNPID Act in connection with Crime No.1 of 2016 in C.C.No.5 of 2017 on the file of the Special Judge, Special Court under TNPID Act, 1977, Coimbatore.
For Petitioner : Mr.V.M.R.Rajentran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to recover the amount from Ponnusamy and Thenral Avenue land owners namely T.R.Manickam, R.Thangaraj, R.Rangaraj and Vijayalakshmi, Myilsamy, Natarajan, Ramathal and Jayarani, as contemplated U/s 3 of TNPID Act in connection with Crime No.1 of 2016 in C.C.No.5 of 2017 on the file of the Special Judge, Special Court under TNPID Act, 1977, Coimbatore.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. It is seen from the records that the petitioner has been

convicted for the offence punishable under Section 420 of IPC. The case of the petitioner is that the amounts, which has been received from the depositors, are lying with one Ponnusamy and therefore, he seeks recovery from the said Ponnusamy. He also claims to have settled some of the depositors. However, this petition has been filed only after conviction. That apart, the said Ponnusamy is neither an accused in the case nor are there any specific averments against him in the charge sheet.

4. In view of the above, the direction sought for in this

petition cannot be granted, that too, after conviction of the petitioner and while he is facing sentence. Accordingly, this Criminal Original Petition stands dismissed. Index : Yes/No Neutral citation : Yes/No

Speaking/non-speaking order

Lpp To 1.The Special Judge, Special Court under TNPID Act, 2.The Inspector of Police 3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp

Same Court & Year Chennai Orders · 2025 Same Parties A.Muthukumar vs State Rep. by Same Judge Honourable Mr Justice G.K. Ilanthiraiyan