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    Amendment Petition Filed by The Petitioner

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    Charulatha J S

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    Amendment Petition Filed by The Petitioner

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    Charulatha J S
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    AMENDMENT PETITION FILED BY THE PETITIONER

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    Amendment Petition Filed by The Petitioner

    Uploaded by

    Charulatha J S

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    © All Rights Reserved
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    of 5

    IN THE COURT OF THE HONBLE SPECIALL JUDGE, SPECIAL

    COURT UNDER TNPID ACT AT COIMBATORE

    C.M.P. NO. of 2023


    C.M.P. NO. 2400 of 2023
    C.C. NO. 06 of 2019
    In
    Salem EOW Cr. No. 15 of 2017

    The State Rep by,


    The Deputy Superintendent of Police,
    Economic offences wing,
    Salem. … Petitioner /
    Complainant
    Vs
    1.Winstar India city Developers,
    2nd floor, SP Complex,
    D.No. 224 / 4, Mayanoor,
    Salem District.
    2. Sowbakkiya City Developers,
    7 / 3, GEM Arcade,
    1st Floor, Royal Garden,
    Salem.
    3. R.Sivakumar S/o. Rangasamy,
    Rohini garden,
    Collector Bungala Back Side,
    Periyapudur, Salem City
    (Proprietor of A1 & A2) … Respondents / accused A1 to
    A3

    AMENDMENT PETITION FILED BY THE PETITIONER / COMPLAINANT


    1. It is submitted that the petitioner herein has filed the above petition in
    C.M.P. No. 2400/2023 for cancellation of bail granted by Hon’ble High Court of
    madras in Crl.OP. No. 34828/2019 dated 23.01.2020 against the respondent herein.

    2. The petitioner submits that the respondent has got default bail in C.M.P.
    No. 6492/2017 dated 31.10.2017 by the Hon’ble Judicial Magistrate No. II, Salem
    and same was cancelled on 06.11.2017 in C.M.P. No. 6656/2017 and thereafter
    also he has got regular bail from this Hon’ble Special court in C.M.P. No. 70/2018
    dated 11.01.2018 and subsequently, the same was also cancelled by the Hon’ble
    High Court of Madras in Crl.OP. 24388/2018 dated 23.09.2019. While so, the
    respondent has approached Hon’ble High Court at Madras and got anticipatory bail
    in Crl.OP. 34828/2019 dated 23.01.2020 based on the undertaking and assurance
    given by the respondent in respect of settlement and thereafter he failed to comply
    the condition imposed by the Hon’ble High Court of Madras in Crl.OP.
    34828/2019 dated 23.01.2020.

    3.The petitioner submits that Hon’ble High Court of Madras also observed
    and directed the prosecution to take necessary steps to cancel the bail in which the
    petitioner has failed to comply the condition in respect of the settlement process
    and the this petitioner filed the cancellation of bail petition before this Hon’ble
    court in C.M.P. No. 2400/2023 and the petitioner has mentioned the prayer column
    in the above cancellation of bail and affidavit that mentioned the C.M.P. No.
    6492/2017 dated 31.10.2017 instead of Crl.OP No. 34828/2019 dated 23.01.2020
    and the same was came to know the petitioner only at that time of arguments,
    which occurred only by oversight and there was no wantonly and negligently.
    Hence, it is necessary to amend the petition in the interest of justice.

    4.The petitioner submits that it is settled position of law that there was no
    provision in the code of criminal procedure to amend the complaint, even though
    the same is permissible, when no prejudice caused to the accused and also not to
    change the entire pleadings of the complaint, in which Hon’ble Supreme Court of
    India also observed the same in S. R. Sukumar vs. Sunaad Raghuram reported in
    (2015) 9 SCC page 609.
    Therefore, the petitioner prays that this Hon’ble court may be pleased to
    permit the petition to amend the petition in C.M.P. No. 2400/2023 which
    mentioned as below and pass such other further orders.

    Deputy Superintendent of Police,


    Economic offence wing,
    Salem.

    VERIFICATION
    I, the above named petitioner do hereby declare that the facts stated in the
    above petition are true and correct to the best of my knowledge, belief and sign the
    same at Coimbatore on .12.2023.

    Deputy Superintendent of Police,


    Economic offence wing,
    Salem.

    DETAILS OF AMENDMENT: -

    1.In page 5 and after para 11, delete C.M.P. No. 6492/2017 dated
    31.10.2017 instead of which add as Crl.OP. No. 34828/2019 dated 23.012020.
    IN THE COURT OF THE HONBLE
    SPECIALL JUDGE, SPECIAL
    COURT UNDER TNPID ACT AT
    COIMBATORE

    C.M.P. NO. of 2023


    C.M.P. NO. 2400 of 2023
    C.C. NO. 06 of 2019
    In
    Salem EOW Cr. No. 15 of 2017

    State rep by
    The Deputy Superintendent of Police,
    Economic offences Wing,
    Salem.
    … Petitioner /
    Complainant
    Vs
    1.Winstar India city Developers,
    2nd floor, SP Complex,
    D.No. 224 / 4, Mayanoor,
    Salem District.
    2. Sowbakkiya City Developers,
    7 / 3, GEM Arcade,
    1st Floor, Royal Garden,
    Salem.
    3. R.Sivakumar S/o. Rangasamy,
    Rohini garden,
    Collector Bungala Back Side,
    Periyapudur, Salem City
    (Proprietor of A1 & A2)
    … Respondents / accused A1 to A3

    AMENDMENT PETITION FILED


    BY THE PETITIONER /
    COMPLAINANT

    Filed on: .12.2023


    Special Public Prosecutor,
    TNPID Court,
    Coimbatore.

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