Madras High CourtCRL OP/8022/2016closed

K.I.Manirathinem v. The Superintendent Of Police

2016-07-01Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.8022 of 2016 and M.P.No.4209 of 2016 K.I.Manirathinem ..Petitioner Vs The Superintendent of Police, Central Bureau of Investigation, ACB, Chennai.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.RC MA1 2014 A 0025 on the file of the Superintendent of Police, CBI, ACB, Chennai and quash the same in so far as the petitioner is concerned. For Petitioner :

Mr.T.Ramesh For Respondent : Mr.K.Srinivasan, Spl. Public Prosecutor, for CBI Cases.

ORDER

The present criminal original petition has been filed to call for the records in Crime No.RC MA1 2014 A 0025 on the file of the Superintendent of Police, CBI, ACB, Chennai and quash the same in so far as the petitioner is concerned.

2. Today, when the matter was taken up for consideration, learned Special Public Prosecutor for CBI Cases filed a detailed counter. In para 4 of the said counter, it has been stated that on completion of investigation, final report under Section 173(2) Cr.P.C. was submitted before the learned Principal District and Sessions Judge and Special Judge for CBI Cases, Puducherry, against the petitioner along with 9 other accused persons, M/s.The Pondicherry Paper Mill Private Ltd and M/s.Navasakthi Townships Developers Pvt. Ltd. (A.12) for commission of offences punishable under Section 120-B read with https://hcservices.ecourts.gov.in/hcservices/

420 I.P.C. and under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 on 14.12.2015 and the learned Principal District and Sessions Judge and Special Judge for CBI Cases, Puducherry, is yet take cognizance since the sanction for prosecution in respect of one G.Ragesh Chandra, I.A.S., (A.6), Secretary, Education, Power, Port and LAD, Government of Pondicherry is pending before the competent authority.

3. Since already final report was filed in Crime No.RC MA1 2014 A 0025 before the learned Principal District and Sessions Judge and Special Judge for CBI Cases, Puducherry, I am of the opinion, the prayer made in the present petition viz., to call for the records in Crime No.RC MA1 2014 A 0025 on the file of the Superintendent of Police, CBI, ACB, Chennai and quash the same in so far as the petitioner is concerned, need not be entertained.

4. Hence, recording the statement made in para 4 of the counter affidavit, the criminal original petition is closed. Consequently, connected miscellaneous petition is also closed. However, liberty is given to the petitioner to approach this Court after receiving the charge sheet. Further, the respondent is also directed to obtain sanction for prosecution in respect of G.Ragesh Chandra, I.A.S., (A.6), Secretary, Education, Power, Port and LAD, Government of Pondicherry, as early as possible.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Central Bureau of Investigation, ACB, Chennai.

2.The SPL Public Prosecutor,CBI CASES High Court, Madras.

AK(CO) CP 23/07/2016 Crl.O.P.No.8022 of 2016 https://hcservices.ecourts.gov.in/hcservices/