C.Ravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.06.2024

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN and Crl.M.P.(MD).No.2407 of 2024 C.Ravi ... Petitioner Vs.

1.The Inspectors of Police, Anti Corruption Branch, Central Bureau of Investigation, Reserve Line, Athikulam Main Road, Madurai-14.

2.The Superintendent of Police, Anti Corruption Branch, Central Bureau of Investigation, Reserve Line, Athikulam Main Road, Madurai-14.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to issue a direction directing the respondents to conduct further investigation in the F.I.R.No.RC.No.229 2019 A 0013 on the file of the first respondent by considering the request of the 1/5

petitioner dated 01.06.2023.

For Petitioner : Mr.K.K.Senthilvelan Senior Counsel for Mr.T.K.S.Ganthi For Respondents : Mr.C.Muthu Saravanan Special Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction directing the respondents to conduct further investigation in the F.I.R.No.RC.No.229 2019 A 0013 on the file of the first respondent by considering the request of the petitioner dated 01.06.2023. 2.The CBI, registered the case in FIR in RC.No.229 2019 A 0013 against the unknown officials. In the said FIR, number of customs officers arrayed as accused including the petitioner. Therefore, his promotion was stalled. The investigating agency without conducting proper investigation filed the final report and the same was taken on file in C.C.No.1 of 2024 after the number of years. Hence, his promotion is prolonged. Under the said circumstances, he filed this petition to conduct the further investigation, upon submitting the representation dated, 01.06.2023.

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3.The learned Special Public Prosecutor submitted that the petitioner is an accused and he has no legal right to file this petition to seek further investigation. He also submitted that the investigation was completed and final report has been also filed and the same was taken on file in C.C.No.1 of 2024 on the file of the Special Court constituted for a CBI cases. Therefore, he seeks for dismissal of this petition. 4.This Court asked the learned Senior Counsel about the perusal of contents of the final report filed before the Court below. The learned Senior Counsel fairly submitted that the petitioner has not obtained the copy of the final report and the petitioner has not also perused the final report.

Therefore, this Court disposes of this criminal original petition with the following directions:- (i)The petitioner is directed to peruse the contents of the final report after obtaining the final report as per law. (ii)Thereafter, the petitioner is at liberty to approach this Court to conduct further investigation subject to the maintainability of the petition at the hands of the accused.

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(iii)it is made clear that the maintainability of the petition at the hands of the accused is left open.

Consequently, connected miscellaneous petition is closed. 19.06.2024 NCC :Yes / No Index :Yes / No Internet :Yes / No sbn To 1.The Inspectors of Police, Anti Corruption Branch, Central Bureau of Investigation, Reserve Line, Athikulam Main Road, Madurai-14.

2.The Superintendent of Police, Anti Corruption Branch, Central Bureau of Investigation, Reserve Line, Athikulam Main Road, Madurai-14.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN ,J.

sbn and Crl.M.P.(MD).No.2407 of 2024 19.06.2024 5/5