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Crl.A. No. 25 of 2026

&

Crl.M.P. No. 361 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Crl.A. No. 25 of 2026

&

Crl.M.P. No. 361 of 2026

1. D. Rubalingam @ Ganesan

S/o. Devaraj,

No.10/33, Nallaiya Street,

Nammazhwarpet,

Chennai – 600 012.

2. R. Geethalakshmi,

W/o. D. Rubalingam @ Ganesan,

No.10/33, Nallaiya Street,

Nammazhwarpet,

Chennai – 600 012. ..Appellants

Vs.

The State rep. By

The Inspector of Police,

Economic Offence Wing II, Chennai.

(Cr. No. 2 of 2019) ..Respondent

Prayer: Criminal Appeal filed under Section 11 of Tamil Nadu Protection

of Interests of Depositors (In Financial Establishments) Act, 1997 to set

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Crl.A. No. 25 of 2026

&

Crl.M.P. No. 361 of 2026

aside the order dated 29.12.2025 passed in C.C. No. 10 of 2020 by the

learned Special Judge under the Tamil Nadu Protection of Interests of

Depositors (In Financial Establishments) Act, 1997.

For Appellants :: Mr.C.S.Dhanasekaran

For Respondent :: Mr.S. Balaji,

Govt.Advocate (Crl.Side)

J U D G M E N T

The appeal has been filed challenging the docket order dated

29.12.2025 by which the learned Special Judge under the Tamil Nadu

Protection of Interests of Depositors (In Financial Establishments) Act,

1997, had, on receipt of special report, had recorded that the proposal to

attach the immovable assets of A2 and A3 would be forwarded to the

Government immediately. The learned Special Judge had also issued

summons to L.W. 78, the Investigating Officer.

2. Learned counsel for the appellants would submit that the

respondent is not entitled to attach the properties of A2 and A3 as they were

purchased in the year 1953, much before the alleged offence was committed

and therefore, the learned Special Judge ought not to have permitted the

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Crl.A. No. 25 of 2026

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Crl.M.P. No. 361 of 2026

Investigating Officer to forward the list of properties to the Government for

attachment. Learned counsel would further submit that there are totally 77

depositors in the case; that after examination of P.W.s 1 to 13, the Court had

issued witness summons to L.W.78 without examining L.W.s 14 to 77 and

therefore, the summons to the Investigating Officer has to be quashed.

3. Learned Government Advocate (Crl.Side), per contra,

would submit that the question as to whether the properties are liable for

attachment can only be adjudicated by the Special Court and that in the

absence of details of properties, the said question cannot be decided at this

stage. Learned Government Advocate (Crl.Side) would further submit that

the learned Special Judge under TNPID Act had dispensed with the

examination of L.W.s 14 to 77 and there is no infirmity in summoning

L.W.78, the Investigating Officer.

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Crl.A. No. 25 of 2026

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Crl.M.P. No. 361 of 2026

4. As rightly contended by the learned Government

Advocate (Crl.Side), the correctness or otherwise of the respondent

forwarding the list of properties to the Government for attachment cannot be

decided at this stage. If the appellants are aggrieved by the same, they can

always object to the attachment before the Special Court. As regards the

witness summons issued to L.W.78, it has now been clarified that L.W.s 14

to 77 have been dispensed with.

5. Therefore, this Court finds no infirmity in the impugned

order and the appeal stands dismissed with liberty to the appellants to

challenge the attachment, if so advised, in the manner known to law, as and

when there is any attachment. Connected criminal miscellaneous petition is

closed.

03.02.2026

Neutral Citation: Yes/No

nv

To

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Crl.A. No. 25 of 2026

&

Crl.M.P. No. 361 of 2026

1. The Special Court under TNPID Act,

Chennai.

2. The Inspector of Police,

Economic Offence Wing II, Chennai.

3. The Public Prosec

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