IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.N.PRAKASH, J.
Viswapriya [India] Limited and Ors. – Petitioner
Vs
Government of Tamil Nadu rep by its Secretary Home Department and Ors. - Respondents
W.P. Nos.14229 and 14664 of 2015 and M.P. No.1 of 2015
Decided On : 06.08.2015
Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 – Section 5 – Penal Code, 1860 – Sections 120B, 406, 420 – Code of Criminal Procedure, 1973 – Sections 161, 4 and 5 – FIR Quashment of – W.P.No.14664 of 2015 has been filed by M/s Helios and Matheson Information Technology Ltd. for quashing the FIR in Cr.No.5 of 2015 that was registered on 01.04.2015 against the petitioner for an offence under Section 420 IPC and Section 5 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 – Held, Sum and substance of his submission is that, Cr.No.2 of 2015 was registered and Helios settled with the complainant and the case could not be closed because the Competent Authority was not appointed to compound the case. – Subsequently, when hundreds of complaints started pouring in, the police registered a fresh FIR based on a complaint given by one Dr.Ranjith Chittoori in Cr.No.5 of 2015 and arrested the accused. – This explanation appears more plausible and acceptable to sustain the FIR in Cr.No.5 of 2015. – As observed by the Supreme Court in T.T.Antonys case, "the objection is merely one of a form and not of substance and it makes no difference so far as the Final Report is concerned." – Therefore, this Court directs the respondent police not to register any fresh FIR and treat all further complaints as 161 Cr.P.C. statements and proceed with the investigation of the case. – Petitions Dismissed
For the sake of convenience, it may be necessary to briefly state the facts obtaining in each of the cases individually.
2. W.P.No.14664 of 2015 has been filed by M/s Helios and Matheson Information Technology Ltd. [hereinafter would be referred to as Helios] for quashing the FIR in Cr.No.5 of 2015 that was registered on 01.04.2015 against the petitioner for an offence under Section 420 IPC and Section 5 of the Tamil Nadu Protection of Interests of Depositors (In Financial Establishments) Act, 1997 [hereinafter would be referred to as TNPID Act].
3. W.P.No.14229 of 2015 has been filed by Viswapriya (India) Limited, formerly known as Viswapriya Financial Services and Securities Ltd., [hereinafter would be referred to as Viswapriya] for quashing the FIR in Cr.No.5 of 2013 that was registered on 21.10.2013 by the Deputy Superintendent of Police, Economic Offences Wing, for offences under Sections 120B, 406, 420 IPC and Section 5 of the TNPID Act.
4. It is indeed a sheer coincidence that, though Helios and Viswapriya have no relationship with each other, yet, they share a common Cr.No.5, but of course registered in different years. It is the specific case of the prosecution that, Helios and Viswapriya had collected deposits from public and on maturity, they failed to repay them, pursuant to which, on the complaint lodged by depositors, the aforesaid cases were registered against them for the offence under the TNPID Act along with IPC offences. At the outset, it is contended on behalf of Helios and Viswapriya that, the Deputy Superintendent of Police, Economic Offences Wing has no authority to conduct investigation under the TNPID Act and therefore, the very FIR deserves to be quashed. In support of this plea, the learned counsel for the accused submitted that, the power of Economic Offences Wing to conduct investigation for an offence under TNPID Act came for consideration before a learned single Judge of this Court in P.S.Chellamuthu v. The State Crl.O.P.Nos.21711 and 35339 of 2007 and this Court by order dated 04.12.2008, upheld the power of the Deputy Superintendent of Police, Economic Offences Wing to conduct investigation by referring to Sections 4 and 5 of the Code of Criminal Procedure. This order was taken to the Hon'ble Supreme Court in Special Leave to Appeal (Crl) No.53 of 2009 and the Hon'ble Supreme Court granted leave and passed the following order on 08.01.2010:
"Heard learned counsel for the parties.
Leave granted.
During the pendency of the appeal, operation and implementation of the impugned judgment and order shall as also further proceedings in C.C.No.31/2001 pending before the Special Court [TNPID ACT] Chennai shall remain stayed."
5. Therefore, it is the contention of the learned counsel that, since the Hon'ble Supreme Court has stayed the order dated 04.12.2008 passed by this Court in P.S.Chellamuthu's case, this Court should await the outcome of the decision of the Supreme Court. In support of this contention, the learned counsel relied upon the following judgments:
| Sl.No. | Cause Title | Citation |
| 1 | Mahadeolal Kanoda v. The Administrator General of West Bengal | |
| 2 | Jaisri Sahu v. Rajdewan Dubey and others | |
| 3 | Shri Bhagwan and another v. Ram Chand and another | |
| 4 | Tribhuvandas Purshottamdas Thakur v. Ratilal Motilal Patel | |
| 5 | D.K.Trivedi and sons & others v. State of Gujarat & others | |
| 6 | Central Coalfields v. H.M.P. | 1994 SCC SUPL(1) 323 |
| 7 | S.I.Rooplal and another v. LT.Governor through Chief Secretary Delhi and others | 1999 SCR SUPL(5) 310 |
| 8 | Ramanjini and others vs. State of Andhra Pradesh and others |
|
| 9 | Official Liquidator v. Dayanand and others | |
| 10 | Saravana Thanga Nagai S.Thittam & others v. State Tr.Inspe |
Shree Chamundi Moped Ltd. v. Church of South India Trust Association, Madras
Pijush Kanti Chowdhury v. State of West Bengal HC and others
K.K.Baskaran vs. State of Tamil Nadu
New Horizon Sugar Mills Limited v. Government of Pondicherry
Soma Suresh Kumar vs. Government of Andhra Pradesh
Shri Ishar Alloys Steels Ltd., Vs. Jayaswals NECO Ltd.
Consolidated Coffee Ltd. v. Coffee Board Bangalore
Gujarat University v. Shri Krishna
Tolaram Relumal and another v. The State of Bombay
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