Madras High CourtWP/27637/2017dismissed as infructuous

K.Rajaram, S/O.Krishnan Naidu v. The Director, Central Bureau

2023-01-03Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.01.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.27637 of 2017 and W.M.P.Nos.29571 and 29572 of 2017 K.Rajaram .. Petitioner

Versus

1. The Director, Central Bureau of Investigation, New Delhi.

2. The Superintendent of Police, CBI, ACB, Chennai - 600 006.

3. The Inspector of Police, (Investigating Officer), CBI, ACB, Chennai - 600 006.

(in RC No.MA1/2015/A/0002)

4. The Deputy Governor, Reserve Bank of India, Chennai.

5. The Chairman, Indian Overseas Bank, Anna Salai, Chennai.

6. The Regional Manager, IOB, Tiruchi.

.. Respondents 1/4

Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to entrust the case in RC No.MA1/2015/0002 to some other team of officers other than 3rd respondent and his team, for an impartial, fresh investigation/re-investigation/further investigation to discover the truth so as to prevent the miscarriage of justice by evaluating and analyzing the entire facts situation right from the date of the alleged occurrence, which took place in the year 2012, pursuant to the documents and statements collected/recorded by 3rd respondent in the course of his 'investigation' and to unravel the truth and to meed the ends of justice, following the principles laid down by the Hon'ble Apex Court in Pooja Pal vs. Union of India & Others (2016 3 SCC 135).

For Petitioner : Mrs.B.Jayanthi for Mr.R.Shanmugam For RR1 to 3 : Mrs.G.Vrinda Ramesh for Mr.K.Srinivasan, Special Public Prosecutor for CBI Cases For R5 and R6 : Mr.Vignesh Imayavaramban for Mr.F.B.Benjamin George --------

O R D E R

It is seen that in the present case investigation completed and charge sheet filed and the case has also been taken on file in C.C.No.11 of 2015 by the learned II Additional District and Sessions Judge for CBI Cases, Madurai, and hence the prayer in the writ petition seeking transfer of investigation to some other team has become infructuous. 2/4

It is stated by the learned Special Public Prosecutor that trial commenced all the witnesses have been examined except the Investigating Officer and petitioner also participated in the trial. In view of the above, the Writ Petition is dismissed as infructuous. However, there is no order as to costs. Consequently, the connected Miscellaneous Petitions are closed. 03.01.2023 Index: Yes/No Speaking Order/Non Speaking Order cgi To