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)
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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
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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.
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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