ORDER :

The Criminal Original Petition has been filed praying to quash the proceedings in C.C.No.3 of 2016, on the file of the learned Special Judge for TNPID Act cases at Madurai.

2. The Criminal Revision is filed to set aside the order taking cognizance as C.C.No.3 of 2016, on the file of the learned Special Judge for TNPID Act cases at Madurai.

3. Petitioner in Crl.O.P.(MD) No.9981 of 2016 is arrayed as A4 and the petitioner in Crl.R.C.(MD) No.451 of 2016 is arrayed as A6 in C.C.No.3 of 2016. There are totally seven accused in this case. A1 is Company, A2 is Proprietaryship Firm, A3 is Managing Director and Proprietor of A2; A4 is the wife of A3 and she is neither a Director nor a Partner of A1 Company and A2 Firm; A5 & A6 are the sons of A3 and A4, A5 is the Director of A1 Company, A6 is the other son of A3 and A4, who is neither a Director nor a Partner of A1 Company and A2 Firm and A7 is a relative of A3, who is reported no more.

4. Since the issue involved in the Criminal Original Petition and the Criminal Revision Case are one and the same, they are taken up together and disposed of by this common order.

5. The case in hand has got a long chequered history, in view of the same, a brochure is necessary for the purpose of clarity.

(i). The case in Crime No.28 of 2010 came to be registered on 06.05.2010, for the offence under Sections 406, 420, r/w 120-B of IPC., and under Section 5 of Tamil Nadu Protection of Interests of Depositors (In Financial Establishment) Act, 1997, against the accused. The FIR came to be registered on the complaint of S. Deivendran / R2 in this case. The FIR was registered against (1) G. Sheik Mohidheen, Managing Director of P.M.C; (2) S. Shanu Sheik, W/o. Sheik Mohidheen; (3) Ghouse Sardhar Hussain S/o. Sheik Mohidheen; (4) S.G. Yaboob Hussain S/o. Sheik Mohidheen; Sivakumar, Director of P.M.C. and (6) M. Mubarak Ali S/o. Mohammed Ali. Subsequent to the complaint, A1/ Sheik Mohidheen was arrested. The petitions in Crl.O.P.No.8194 of 2010 and Crl.O.P.(MD) No.11135 of 2010, seeking anticipatory bail were filed by S. Shanu, G. Ghouse Sharthar Hussain, Ghouse Yusuf Hussain, Sivakumar, Mubarak Ali / A2 to A6 in FIR No.28 of 2010. Further, the Criminal Original Petition in Crl.O.P.(MD) No.10477 of 2010 was filed by G. Sheik Mohidheen, S. Shanu, S. Ghouse Sardar Hussain, S. Ghouse Yacoob Hussain, N. Sivakumar / A1 to A5 in FIR No.28 of 2010. All the petitions were heard together and dismissed by this Court, by a common Order, dated 13.11.2010.

(ii). Thereafter, A2 and A4 in Crime No.28 of 2010, viz., S. Ghouse Yacoob Hussain and Shaanu filed Criminal Original Petitions in Crl.O.P.(MD) No.4890 and 4892 of 2011, seeking to quash the said FIR. This Court, by order dated 30.07.2012, quashed the FIR, as against A2 and A4 alone in Crime No.28 of 2010. Aggrieved over the same, the State preferred Special Leave Petitions in SLP No.9855 and 9856 of 2015, before the Hon'ble Apex Court. The Hon'ble Apex Court, by order dated 27.11.2015 set aside the order of this Court, dated 30.07.2012.

(iii) Thereafter, after completion of investigation, the 1st respondent filed the final report in Crime No.28 of 2010, under Section 173(2) of Cr.P.C., before the Special Court for TNPID Act Cases, Madurai, on 21.11.2012, which returned on 10.11.2012 pointing out certain defects, latter represented on 08.01.2013. The charge sheet filed against five persons viz., PMC Mercantile Private Limited, represented by A3 and A4 (2) M/s.Paramount Marketing Corporation, represented by A3; (3) G. Sheik Mohideen (4) Ghouse Sardhar Hussain and (5) Mubarak Ali, which was taken on file as C.C.No.10 of 2013, on 23.02.2013.

(iv) Challenging the cognizance taken by the trial Court, Criminal Revision Case in Crl.R.C(MD) No.231 of 2013 filed before this Court and this Court, by order dated 31.07.2014, finding error apparent on the face of the record, which is liable to be corrected, allowed the Revision by observing that 'further investigation is being conducte