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Madras HC orders Registry to list a plea seeking FIR and money laundering case against TVK chief Vijay over alleged income suppression, stressing courts decide maintainability.
TVK chief Joseph Vijay (ANI)
The Madras High Court has directed its Registry to list a petition seeking orders to register a first information report (FIR) and money laundering case against actor-turned-politician and TVK chief Joseph Vijay for the offence of suppression of income.
The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan was hearing a plea filed by M Rajkumar of Chennai.
The petitioner sought direction to the Director General of Income Tax (Investigation), and the Principal Commissioner of Income Tax (central) to examine the materials and findings recorded in search proceedings, sworn statement recoded during the assessment proceedings and the penalty order passed under the Income Tax Act against Vijay and pass appropriate prosecution proceedings under the relevant provisions of the Income Tax Act.
The plea also sought to direct appropriate law enforcement agency to register an FIR against Vijay and investigate into the commission of cognizable offences under the Indian Penal Code, including but not limited to Sections 420, 467, 470, 471 and 120B of IPC, in relation to the suppression of income, receipt of unaccounted cash remuneration and concealment of financial transactions disclosed in the course of the search and statutory proceedings.
According to LiveLaw, the court said that if the registry had any doubts regarding the maintainability of a plea, it could number the same with an endorsement “numbered subject to maintainability” and post it before the concerned roster judge along with objections.
“In view of the decision of the Hon’ble Apex Court, the directions and circular already issued, we hereby direct the Registry not to refuse to number any case raising the issue of maintainability. If the cases filed are otherwise in order but the Registry still has a doubt regarding maintainability, the case shall be numbered with an endorsement “numbered subject to maintainability” and shall be listed before the concerned Hon’ble Roster Judge, separately under the caption “for maintainability”, along with the objections raised and compliance reported. It is for the Court to decide on maintainability of the case and if found maintainable, then to consider the case on merits,” the court said.
The Bench said that deciding the issue of maintainability is a judicial function and the registry could not raise such objections. “It is for the court to decide on maintainability of the case and if found maintainable, then to consider the case on merits,” the bench said.
This comes after TVK chief Vijay — who marked a historic debut in the state assembly election — bagged 108 out of 234 seats.
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