Kallakurichi case full order. W.P.No.28601 of 2022 and W.M.P.No.2996 of 2022 R.SURESH KUMAR,J. Heard Mr.AR.L.Sunderasan, learned Senior Counsel appearing for the petitioner, Mr.S.Silambanan, learned Additional Advocate General appearing for the respondents and also Mr.Hasan Mohamed Jinnah, learned Public Prosecutor and also Mr.R.Sankara Subbu, who wants to file an intervening petition on behalf of the victim.
W.P.No.28601 of 2022 and W.M.P.No.2996 of 2022
R.SURESH KUMAR,J.
Heard Mr.AR.L.Sunderasan, learned Senior Counsel appearing for the petitioner, Mr.S.Silambanan, learned Additional Advocate General appearing for the respondents and also Mr.Hasan Mohamed Jinnah, learned Public Prosecutor and also Mr.R.Sankara Subbu, who wants to
file an intervening petition on behalf of the victim.
- Learned Public Prosecutor has submitted that though the investigation, to the considerable extend, is completed by the CBCID, still, the charge sheet has not been filed and therefore, it is to be ascertained from the CBCID as to whether still more time is required by them for completing their investigation and for the said purpose, any portion of the building of the School concerned is still required to be kept aloof. Therefore, for that purpose, the learned Public Prosecutor
wants some time to get instructions from the CBCID.
- Since the CBCID is not one of the party respondent in this writ petition, in view of the aforesaid, this Court feels that the ADSP, CBCID, Government of Tamil Nadu, Chennai is a necessary party in this writ petition to be heard, accordingly, the said Authority is impleaded suo motu as one of the party respondent in this writ petition, for whom, Mr.Hasan Mohamed Jinnah, learned Public Prosecutor takes notice and he needs time till 30.11.2022 to file a report, as to the aforesaid
queries, by the CBCID / the Investigating Officer of CBCID.
- In view of the above, there shall be a direction to the Investigating Officer, CBCID to file a report on or before 30.11.2022 as to whether they have completed the investigation in full and if so, when
charge sheet would be filed before the concerned Court.
- If the investigation is not completed, still how much time they would require to complete the investigation and for the said purpose, any portion of the building in the premises of the School concerned is
still required to be kept aloof, if so, for what period.
- These queries should be answered by way of a status report, to be filed by the CBCID on the next date of hearing as indicated above.
Post the matter on 30.11.2022 immediately after admission.
25.11.2022
drm
Note: Issue order copy on 25.11.2022
R.SURESH KUMAR, J. drm
- No.28601 of 2022 and
W.M.P.No.2996 of 2022
25.11.2022
![[12/1, 15:01] sekarreporter1: MGM.Anand challenged the summons issued by the enforcement directorate on 17/11/2023 and the possession notice under SC 8(4) of the PMLA in 2 writ petitions which came up for admission on 29/11/23. On the statement made by the special public prosecutor Mr. Ramesh for the ED that the petitioner has already filed 2 applications in a pending SLP before the Honourable Supreme court for the same relief. The petitioner was directed to file an affidavit explaining the same and the Honble Division bench adjourned the writ petitions to 1/12/2023. Today when the matters came up for hearing Senior Counsels Mr. B. Kumar and Mr. T. Mohan appearing for T. Kokilavane advocate for the petitioner submitted that as far as the Impugned summons is concerned, no application has been filed in any court and the application for stay of possession notice in the Supreme court has been withdrawn. Since the Appellate Tribunal stayed the possession notice on 29/11/23, the petitioner withdrew the writ petition challenging the same. The petitioner also filed an affidavit. On hearing the arguments of the Counsels for the petitioner and the objections of the Special public prosecutor the Honorable Division Bench granted stay of the summons and listed the same after 2 weeks. [12/1, 15:01] sekarreporter1: 👍](https://sekarreporter.com/wp-content/themes/hueman/assets/front/img/thumb-medium-empty.png)