K.Safar Badhusha, v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P(MD)No.22122 of 2016 K.Safar Badhusha : Petitioner Vs.

1.The Director, Central Bureau of Investigation, Head Office, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi-110 003.

2.The Joint Director, and Head Zone Central Bureau of Investigation Office, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

3.The Special Crime Branch Department, Central Bureau of Investigation Office, 'A' Wing III Floor, Rajaji Bhavan, Beasant Nagar, Chennai-600 090.

4.The Superintendent of Police, District Police Office, Madurai Road, Theni, Theni District.

5.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

: Respondents (R4 & R5 impleaded as per order of this Court made in Crl.M.P(MD).No.12128 of 2016 in Crl.O.P(MD).No.22122 of 2016 dated 21.12.2016) PRAYER : Petition filed under Section 482 of Criminal Procedure, to direct the respondents to register the case based on the complaint given by the petitioner on 03.11.2016.

For Petitioner : Mr.K.Safar Badhusah(Petitioner-in-Person) For R1 to R3 : Mr.N.Nagendran Special Public Prosecutor for C.B.I.

For R4 & R5 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Perused the petition.

2.This petition is filed by an advocate, by name, K.Safar Badhusha, S/o.I.Kasim Rowther.

3.The prayer sought for in this petition is to register the petitioner's complaint, dated 03.11.2016 and to investigate the same in accordance with law. The petitioner's request in this petition is to entrust the investigation to Central Bureau of Investigation. 4.The specific allegation, which is relevant for consideration, is that the petitioner's brother by name K.Imam Hussain, who was a resident at Saini Greake, France, along with his family members, died in a suspicious circumstances, due to the handy work of certain persons, who are all highly politically connected and also he has made certain allegation that a herbal, which is very poisonous and react within three hours from its administration, has been used. The petitioner herein would contend that the death of his brother was occurred only due to the administration of the poison and therefore, everybody have to be investigated based upon his complaint.

5.A perusal of the complaint clearly shows that it is an outcome of some person, who were allocution about certain facts and paranoid, though he contends that his brother died in France. Though, he has made a representation to the Hon'ble Supreme Court, France, he has not even annexed any inquest report about the death of his brother. Further more, when some offence has taken place beyond the jurisdiction of this country and the matter, even according to the petitioner, being brought to the notice of the Law Enforcing Agency of France, this Court finds no reason to entertain this petition. The petitioner herein, who claims himself to be an advocate, registered with the Bar Council of Karnataka and practising at Madurai, seeks time to put forth his argument and also submits that it needs around 12 hours to hear this petition. This Court finds no sensible submission in his request. Hence, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV)

To 1.The Director, Central Bureau of Investigation, Head Office, Plot No.5-B, CGO Complex, Lodhi Road, New Delhi-110 003.

2.The Joint Director, and Head Zone Central Bureau of Investigation Office, III Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

3.The Special Crime Branch Department, Central Bureau of Investigation Office, 'A' Wing III Floor, Rajaji Bhavan, Beasant Nagar, Chennai-600 090.

4.The Superintendent of Police, District Police Office, Madurai Road, Theni, Theni District.

5.The Inspector of Police, Uthamapalayam Police Station, Uthamapalayam, Theni District.

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

7.The Special Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.K.SAFAR BHDHUSHA, ADVOCATE IN SR.NO.82122. RMK DS RSK SAR-4 11.10.2018 3P/9C Crl.O.P(MD)No.22122 of 2016 31.08.2018