CHENNAI: The Madras High Court has ordered its Registry to list a petition seeking an order for registration of an FIR and money laundering case against actor and TVK executive Vijay for the offenses of income suppression, receiving unaccounted money as reward and concealment of financial transactions uncovered during a search and seizure process.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan passed the orders recently when petitioner M Rajkumar, of Kodungaiyur, in Chennai, raised the issue of the Registry refusing to count his petition and list it for hearing.
The petition asked the court to issue directions to the Director General of Income Tax (Investigations) and the Chief Commissioner of Income Tax (Central) to examine the materials and findings recorded in the audit proceedings (conducted at Vijay’s premises in 2015), affidavits recorded under act 19, 13, tax assessment 2, 13, 69, 13, revenue assessment. proceedings and criminal order passed under section 271 AAB and initiate appropriate criminal action under relevant provisions including 276 C of the Income Tax Act.
He also prayed for directions to the concerned law enforcement authorities to register an FIR and conduct investigations for the commission of offenses cognizable under Sections 420, 467, 470, 471 and 120 (B) of the Indian Penal Code for suppression of income, receipt of unaccounted payments of unaccounted transactions of financial reward and reward. legal procedures.
Further, the petitioner sought registration of a money laundering case by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA), 2002 against Vijay and to conduct further investigations.
The bench, in the order, said: “The Registrar is directed to count the writ petition with an endorsement ‘numbered subject to maintenance’ and list the matter for admission separately under the heading ‘for maintenance’.”
Citing several Supreme Court judgments on the issue of maintainability of claims and circulars issued by the Supreme Court, the bench said that if the Registry has doubts about the maintainability of claims, it will enumerate the case and list it before the roll judge along with objections raised and compliance report.
“It is up to the court to decide on the maintenance of the case and if it is found to be maintained, then to examine the case on its merits,” said the court.
