ADARSH KUMAR GOEL, UDAY UMESH LALIT
Central Bureau of Investigation – Appellant
Versus
M. Sivamani – Respondent
Certainly. Here are the key points from the provided legal document:
The expression "other public servant to whom he is administratively subordinate" in Section 195(1)(b)(ii) of the CrPC cannot exclude the High Court. A direction by the High Court for investigation into a specified offence is deemed equivalent to a direction from an administrative superior public servant to file a complaint in writing (!) .
When the High Court issues a direction to investigate a matter, such as in this case, it is at par with a formal complaint from an administrative authority. Therefore, the statutory bar under Section 195 does not apply, and the High Court's direction cannot be rendered futile by invoking Section 195 (!) .
The purpose of Section 195 is to prevent frivolous or vexatious proceedings initiated by private individuals, especially in cases involving offences against public justice or relating to documents in evidence. The section mandates that cognizance of such offences can only be taken on a written complaint from the concerned public servant or their superior (!) (!) (!) .
The statutory scheme emphasizes that the bar against cognizance is mandatory and designed to protect individuals from unwarranted proceedings. However, this bar is not intended to eliminate remedies where the public interest warrants investigation, especially when the High Court directs such investigation (!) (!) .
When the High Court directs an investigation into a matter, such as in this case, it effectively acts as an administrative authority, and its direction should be considered sufficient to bypass the restrictions imposed by Section 195. The High Court's intervention ensures that the investigation is conducted in the public interest and that proceedings are not rendered futile (!) (!) .
The court emphasizes the importance of concluding such proceedings within a reasonable timeframe, especially when they have been pending for an extended period, to serve the interests of justice (!) .
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JUDGMENT :
Adarsh Kumar Goel, J.
1. These appeals have been preferred against Order dated 16th October, 2015 of the High Court of judicature at Madras in Criminal Revision Case No.2 of 2009 and M.P. No.1 of 2009. The High Court has quashed the proceedings against the respondent in C.C. No.15 of 2007 pending before the Additional Special Judge for CBI cases, Chennai.
2. Facts stated in the charge sheet filed by the appellant-CBI against the respondent are that a claim petition was filed before the Motor Accident Claims Tribunal (MACT), Cuddalore seeking compensation of Rs.22,00,000/-for death of Mohamed Farooque in a road accident on 11th October, 2002. The MACT partly upheld the claim and awarded Rs.14,97,000/-. On appeal of the National Insurance Company (Insurance Company), the Madras High Court ordered investigation by CBCID into the allegation that the claim was false. After investigation, the CBCID filed charge sheet. The matter was later taken over by CBI under the directions of the Madras High Court which led the CBI to file the impugned charge sheet under Sections 120-B r/w 182, 420, 468, 468 r/w 471 IPC and 13(2) r/w 13(i)(d) of Prevention of Corruption Act, 1988 r/w 511 IPC
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