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TMI Blog2024 (9) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... ner would mainly contend that the scheduled offence has been quashed in respect of the petitioner herein. The petitioner filed Special Leave Petition (Crl.) No.7295 of 2017 challenging the final judgment and order dated 06.09.2017 in Crl.O.P.No.3154 of 2017 passed by the High Court of Madras. The Hon'ble Supreme Court passed final orders on 22.09.2017 as follows:- "a) All the claimants are directed to approach the High Court with the aforesaid request by filing affidavits stating that they have no objection in quashing the criminal proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned. b) On filing the affidavits the High Court shall quash the proceedings arising out of the aforesaid FIR insofar as the petitioner is concerned. c) Till the time these affidavits are filed and the order of the quashing is passed by the High Court the amount shall not be disbursed and the amount shall be disbursed only after filing of the affidavits. d) The petitioner shall also be involved in the aforesaid process so that he is able to verify that only genuine persons have filed the affidavits and received the payments. The Special Leave Petition is disposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Pachamuthu, but has purchased four properties in his name that have been listed in the complaint. The Enforcement Directorate has built up this case on the strength of Pachamuthu's statement to the effect that he had not asked Madhan to collect any money nor was the money given to him. Of course, Pachamuthu has not completely disowned Madhan. He has stated that Madhan is an office bearer of his political outfit, viz., IJK party. It is quite strange as to how the Enforcement Directorate could have expected Pachamuthu to be so guile to confess to them, "Yes, Yes! I only asked Madhan to collect money from the students and he had handed over the money to me". Pachamuthu would have given such a confession only if he had credulously believed that the Enforcement Officer is also a priest of a Catholic church to whom confessions can be made for a ticket to heaver, albeit the fact such a confession would land him up in jail in this life. With a battery of legal minds at Pachamuthu's comman, it is too naive for the Enforcement Directorate to have expected Pachamuthu to confess. In fact, even during the hearing of this bail application, an advocate (whose name this Court does not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Enforcement Directorate is still in progress, but, as regards Madhan alone, the investigation has been completed. This submission of the learned Additional Solicitor General runs contrary to the following averments in page no.33 of the prayer (c) of the complaint, "c. To permit the complainant to file additional/supplementary complaint, if any on completion of investigation as the further investigation is still going on." 60. Further, from the materials collected by the Enforcement Directorate and the police, this Court is able to apparently see that Madhan is not the solitary player in this sordid episode. There are prima facie materials to show that a well-oiled syndicate had existed, by which,affluent parents who were over-ambitious in wanting to make Doctors of dull heads, struck deals and received cash, for which, Sudhir issued receipts to the parents like the sample extracted above, on the strength of which, admissions were given to their wards and the cash went to the kitty of the management, as could be seen from the confession of a co-accused, who has even handed over a videograph to the police showing the handing over the loot at the office of SRM University in Mambala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nks fit, any records produced before him in any proceedings under this Act: Provided that an Assistant Director or a Deputy Director shall not-- (a) impound any records without recording his reasons for so doing; or (b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the [Joint Director]. COMMENTS Under this section, the Director appointed under Section 48 has the powers conferred on the Civil Court under the Code of Civil Procedures, 1908 in respect of matters covered by section 13 of the Act. Sub-section (2) confers powers on the authorities to summon persons whose attendance is necessary to give evidence or produce any record during course of investigation or proceeding. Sub-section (3) directs persons summoned to appear before the officers upon a summon and to state the truth on the subject of the summons. Under sub-section (5), powers of impounding records have been conferred on the authorities subject to the rules made in this behalf. The powers of Assistant/Deputy Director to impound and retain records are circumscribed by proviso to sub-section (5). 10. The statutory powers conferred on the com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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