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Madras High CourtCRL OP/4159/2018dismissed

Dr.Asir Packia Singh, v. The Joint Director, Chennai

2018-02-13Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.02.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.4159 of 2018 Dr.Asir Packia Singh ... Petitioner Vs.

1 The Joint Director, Chennai Zone, Central Bureau of Investigation, III Floor, E.V.K., Sampath Building, College Road, Chennai-600 006.

2 The Superintendent of Police, CBI, EOW Chennai, A Wing, 3rd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

3 Inspector of Police, CBI EOW Chennai, A Wing, 3rd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090. ... Respondents Prayer:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 3rd respondent to register the complaint of the petitioner dated 22nd January 2018 and investigate in the manner known to law.

For Petitioner :

Mr. M.Ramamurthy For Respondents :

Mr.K.Srinivasan Special Public Prosecutor

ORDER

The petitioner herein, alleging that the persons who are administering the property of CSI Trust Association, had committed serious fraud by encumbering the Trust property and availing a loan of Rs.800,00,000/- (Rupees eight Crores only), totally in violation of interim order passed by this Court in Civil Revision Petition No.3739 of 2016. Therefore, seeks

interference of this Court by way of direction to register the complaint and investigate.

On perusing the records, this Court would not find any material for directing the CBI to investigate the same. The role of CBI is governed by its Statute and its jurisdiction is specified under Section 6 of Delhi Special Police Establishment Act. As of now, on perusing the complaint of the petitioner dated 26.01.2018, this Court finds no reason to trouble CBI to look into the complaint. However, if the petitioner feels that serious fraud has been committed by the persons/office bearers of CSI by deliberately disobeying the order of the High Court in connivance with the Punjab National Bank, Mylapore branch, it is always open to him to bring those facts with adequate material before the authorities of the bank officials of the Punjab National Bank or serious Bank fraud cell.

As of now, this Court finds no materials to grant the relief as prayed for. Hence, this petition stands dismissed with liberty as stated above.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rpl To 1 The Joint Director, Chennai Zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

2 The Superintendent of Police, CBI, EOW Chennai, A Wing, 3rd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

3 Inspector of Police, EOW Chennai, A Wing, 3rd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

4 The Special Public Prosecutor for CBI cases, High Court, Madras.

+1cc to Mr.K.Jayasudha, Advocate, S.R.No.11045 Crl.O.P.No.4159 of 2018 RJ(CO) RRK(05/03/2018)