Ramesh v. The Joint Director &
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) Nos.1917, 1919 & 1921 of 2018 Ramesh ... Petitioner in Crl.O.P.(MD) No.1917 of 2018 Yamuna ... Petitioner in Crl.O.P.(MD) No.1919 of 2018 K.Pitchaimani ... Petitioner in Crl.O.P.(MD) No.1921 of 2018 vs.
1.The Joint Director and Head Zone Central Bureau of Investigation Office III Floor, E.V.K.Sampath Building College Road, Chennai-600 006 2.The Joint Director The Special Crime Branch Department Central Bureau of Investigation Office 'A' Wing III Floor, Rajaji Bhavan Besant Nagar, Chennai-600 090 3.The General Manager Punjab National Bank (PNB) Head Office, No.7, Bhikaji Cama Place Africa Avenue Behind EIL New Delhi, Delhi-110 066 Delhi-110 066 4.The Assistant General Manager Punjab National Bank Regional Office Dr.Radhakrishna Salai Jaga Dam Hal Colony Durgapuram, Mylapore Chennai-600 004
5.The Assistant General Manager Punjab National Bank Circle Office, Kanda Enclave Sarojini Street, Ram Nagar Coimbatore-641 009 6.The Manager Punjab National Bank Periyakulam Main Road Theni, Theni District-625 531 7.Karpagam W/o.Vivahar 'Sun Shine' Company - Guru Garden'
Chathirapatti Main Road Little Kingdom School Opposite Chathirapatti, Veerapandi Post Aranmanaiputhur Theni District 8.Vivahar 'Sun Shine' Company - Guru Garden'
Chathirapatti Main Road Little Kingdom School Opposite Chathirapatti, Veerapandi Post Aranmanaiputhur Theni District ... Respondents 1 to 6 and 8 & 9 in all Crl.O.Ps.
9.The Manager Punjab National Bank Theppakulam Branch Trichy City ... 7th Respondent in Crl.O.P.(MD) No.1917 of 2018 10.The Manager Punjab National Bank Cantonment Branch Trichy City ... 7th Respondent in Crl.O.P.(MD) No.1919 of 2018 11.The Manager Punjab National Bank Nandhikovil Branch Trichy City ... 7th Respondent in Crl.O.P.(MD) No.1921 of 2018 PRAYER (in Crl.O.P.(MD) No.1917 of 2018): Criminal original petition filed, under Section 482 Cr.P.C., to direct the respondents 1 and 2 to register the case based on the representation given by the petitioner on 10.01.2018 within a stipulated period.
PRAYER (in Crl.O.P.(MD) No.1919 of 2018): Criminal original petition filed, under Section 482 Cr.P.C., to direct the respondents 1 and 2 to register the case based on the representation given by the petitioner on 10.01.2018 within a stipulated period. PRAYER (in Crl.O.P.(MD) No.1921 of 2018): Criminal original petition filed, under Section 482 Cr.P.C., to direct the respondents 1 and 2 to register the case based on the representation given by the petitioner on 10.01.2018 within a stipulated period. For Petitioners :
Mr.R.Sundar (in all Crl.O.Ps.) For Respondents :
Mr.N.Nagendran (in all Crl.O.Ps.) Spl. Public Prosecutor for C.B.I.Cases for R1 & R2 C O M M O N O R D E R It is the case of the petitioners that Karpagam and Vivahar floated a layout and when the petitioners wanted to purchase a plot and build a house, they promised that they will arrange loan for them from Punjab National Bank and cheated them. Hence, the petitioners have given a complaint, dated 10.01.2018 to the Central Bureau of Investigation and thereafter, they have filed the present criminal original petitions, under Section 482 Cr.P.C., seeking for a direction to the Central Bureau of Investigation to register an F.I.R., against Karpagam and Vivahar based on their complaint, dated 10.01.2018.
2. In State of W.B. vs. Committee for Protection of Democratic Rights, reported in (2010) 3 SCC 571, the Honourable Supreme Court in Paragraph No.70 has held as follows:
"Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional
situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations."
3. The main allegations of the petitioners are as against three individuals, namely, Karpagam, Vivahar and Bommaiyan. The nature of the allegations falls within the domain of the ordinary criminal law to be investigated by the local Police and not by the Central Bureau of Investigation. This is not a case of interstate ramifications for this Court to order C.B.I.Investigation. The petitioners also have a remedy to approach the Ombudsman of Punjab National Bank, if they have any grievance on the Branch Manager of Punjab National Bank. Therefore, in view of the law laid down by the Honourable Supreme Court in the above cited decision, this Court is of the view that this is not a fit case in which C.B.I.Investigation can be ordered.
4. In the result, all the criminal original petitions are closed with liberty to the petitioners to workout their remedies in the manner known to law.
Sd/- Assistant Registrar(ADI) /True Copy/ Sub-Assistant Registrar To:
1.The Joint Director and Head Zone, Central Bureau of Investigation Office, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.
2.The Joint Director, The Special Crime Branch Department, Central Bureau of Investigation Office, 'A' Wing III Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +3 ccS to M/s.R.Sundar, Advocate, SR.Nos.47020, 47021,47022 krk RL/7C/4P/JC/SAR1/27/2/2018 Crl.O.P.(MD) Nos.1917, 1919 & 08.02.2018