Back
P.VELMURUGAN
A. Saranya D/o. Anna Durai – Appellant
Versus
State Rep by Deputy Superintend of Police, Economic Offences Wing II, Coimbatore District – Respondent
Key Points: - The court states that for a petition under Section 239 Cr.P.C., it must consider the final report filed by police and the attached documents; if prima facie incriminating materials exist, charges can be framed; defense evidence is not the initial focus. (!) - The Special Court’s discharge order was challenged; the revision court held that prima facie materials exist against the petitioner to proceed with framing charges and hence the discharge was not merited. (!) - The respondent’s final report indicates the first accused is the company, the next four are directors, and the petitioner (A5) is connected as sister of the second accused; the court found prima facie materials against A5 to proceed, justifying denial of discharge. (!) - The case involves offences under IPC Sections 120(b), 420, 468, 469, 471, 473 and TNPID Act Section 5; the court references reading final report under Section 173(ii) Cr.P.C. to determine prima facie materials. (!) - The revision was dismissed and the connected miscellaneous petition closed. (!)
ORDER :
1. This Criminal Revision case has been filed under Section 397 r/w 401 of Cr.P.C. to set aside the order passed in C.M.P.No.2358 of 2019 in C.C.No.2 of 2018 dated 13.12.2019, on the file of the Special Judge, Special Court under Tamil Nadu Protection of Interests of Depositors Act, Cases, Coimbatore and acquit the petitioner/accused-5 from all charges framed against her.
2.The respondent police registered a case in Crime No.06 of 2016 against the petitioner and four others for the offences punishable under Sections 120(b), 420, 468, 469, 471, 473 of IPC & Section 5 of Tamil Nadu Protection of interests of Depositors Act 1997 (TNPID Act). After completing the investigation, laid a charge sheet before the Special Court, the Special Court has taken the charge sheet on file in C.C.No.2 of 2018. During the pendency of the case, the petitioner had filed a petition before the Special Court under Section 239 of Cr.P.C. to discharge of petitioner/Accused No.5 from the case. The said petition was taken on file by the Special Court in C.M.P.No.2358 of 2019 in C.C.No.2 of 2018. The learned Special Judge after hearing the arguments advanced by the learned counsel on either side, dismisse
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
