Bala Chaitanya Deshpande v. Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.No.1471 of 2020 1.Bala Chaitanya Deshpande 2.Tarun Sharma ... Petitioners Vs.

1.Central Bureau of Investigation, Anti-Corruption Branch, Rep. by the Superintendent of Police, Chennai.

2.V.Radhakrishnan ... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to call for the records in FIR in Crime No.RC MA1 2019 A 0018 dated 23.12.2019 on the file of the 1st respondent and to quash the same as against the petitioners. For Petitioners :

M/s.P.S.Raman, Senior Counsel for M/s.Arun Karthik Mohan For R1 :

Mr.K.Srinivasan Special Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash FIR in Crime No.RC MA1 2019 A 0018, dated 23.12.2019 on the file of the 1st respondent.

2.The learned counsel appearing for the petitioner would submit the respondent Police registered a case in Crime No.RC MA1 2019 A 0018 against the petitioners/A10 & A11 and other accused persons for the offence under Sections 120-B, 406 and 420 of IPC r/w Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988. He would further submit that the First Information Report still does not disclose any offence as against the petitioners and they have no role to play in the banking transactions with the 2nd respondent. Further, the petitioners are only nominee and non-executive Directors on the Board of the 2nd accused.

3.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioners to furnish the particulars before the law enforcing agency to prove their innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

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4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioners. 5.Considering the limited request made by the learned counsel appearing for the petitioners, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.RC MA1 2019 A 0018, after giving opportunity to the petitioner, within a stipulated time. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation. 6.This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed.

05.02.2020 Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No vv2 3/4

M.DHANDAPANI,J.

vv2 To 1.The Central Bureau of Investigation, Anti-Corruption Branch, Rep. by the Superintendent of Police, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai.

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