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2023 Supreme(Online)(MAD) 38157

MADRAS HIGH COURT
Honourable Mr Justice G. CHANDRASEKHARAN
P.DEVARAJ – Appellant
Versus
THE STATE REP BY ITS, – Respondent
CRL OP/3203/2023



Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

Crl.O.P.No.3203 of 2023:

P.Devaraj

... Petitioner

Vs.

The State represented by

The Inspector of Police,

Economic Offence Wing,

Namakkal District.

... Respondent

PRAYER

: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

transfer the case in C.C.No.27 of 2012 on the file of the Court of the Special

Judge, Special Court under TNPID Act, Coimbatore District to the file of any

other competent Court having jurisdiction to try the same and consequently,

direct the such transferee Court to dispose of the same.

For Petitioner

: Mr.S.Sheik Ismail

For Respondent

: Mr.S.Santhosh

Government Advocate (Criminal Side)

1/17

https://www.mhc.tn.gov.in/judis

Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

Crl.O.P.No.3123 of 2023:

P.Devaraj

... Petitioner

Vs.

The State represented by

The Inspector of Police,

Economic Offence Wing,

Namakkal District.

... Respondent

PRAYER

: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

set aside the order passed in Crl.M.P.No.54 of 2023 dated 24.01.2023 in

C.C.No.27 of 2012 on the file of the Court of the Special Judge, Special Court

under TNPID Act, Coimbatore.

For Petitioner

: Mr.S.Sheik Ismail

For Respondent

: Mr.S.Santhosh

Government Advocate (Criminal Side)

Crl.O.P.No.30700 of 2022:

The State represented by

The Inspector of Police,

Economic Offence Wing,

Namakkal District.

... Petitioner

Vs.

2/17

https://www.mhc.tn.gov.in/judis

Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

1.Kongunadu Emu Poultry Farms Pvt. Ltd.,

Karupanna Koil Thottam,

Chinnu Nagar, Mohanoor Pradhana Salai,

Near M.L.A. Office,

Paramathivellore, Namakkal District.

2.P.Devaraj

3.R.Sathyaraj

4.N.Natarajan

5.M.Arivazhagan

... Respondents

PRAYER

: This Criminal Original Petition filed under Section 482 of Cr.P.C., to

set aside the common order dated 21.11.2022 in C.M.P.No.2139 of 2022 and

C.M.P.No.2140 of 2022 in C.C.No.27 of 2022 on the file of the learned Special

Court under TNPID Act, Coimbatore.

For Petitioner

: Mr.S.Santhosh

Government Advocate (Criminal Side)

For R-2

: Mr.S.Sheik Ismail

COMMON ORDER

The Criminal Original Petition in Crl.O.P.No.3203 of 2023 is filed to

transfer the case in C.C.No.27 of 2012 on the file of the Court of the Special

Judge, Special Court under TNPID Act, Coimbatore District to the file of any

3/17

https://www.mhc.tn.gov.in/judis

Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

other competent Court having jurisdiction to try the same and consequently,

direct the such transferee Court to dispose of the same.

2. The Criminal Original Petition in Crl.O.P.No.3123 of 2023 is filed to

set aside the order passed in Crl.M.P.No.54 of 2023 dated 24.01.2023 in

C.C.No.27 of 2012 on the file of the Court of the Special Judge, Special Court

under TNPID Act, Coimbatore.

3. The Criminal Original Petition in Crl.O.P.No.30700 of 2022 is filed to

set aside the common order dated 21.11.2022 in C.M.P.No.2139 of 2022 and

C.M.P.No.2140 of 2022 in C.C.No.27 of 2022 on the file of the learned Special

Court under TNPID Act, Coimbatore.

4. The learned counsel in Crl.O.P.No.3203 of 2023 and Crl.O.P.No.3123

of 2023 submitted that, the prosecution filed CMP.Nos.2139 and 2140 of 2022

seeking to recall PW509 for cross examination under Section 311 of Cr.P.C and

to mark documents relating to registration of 1st accused company.

4/17

https://www.mhc.tn.gov.in/judis

Crl.O.P.Nos.3203, 3123 of 2023 and 30700 of 2022

5. Both the petitions were dismissed by learned Special Judge, Special

Court under TNPID Act, Coimbatore on 21.11.2022. Thereafter, the prosecution

filed Crl.M.P.No.54 of 2023 for examining Registrar of Companies for the

purpose of marking the registration certificate of 1st accused company. Th

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