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2001 Supreme(Mad) 1233

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.D. DINAKARAN
Saeeda Irfana
Versus
Inspector of Police, R4, Pondy Bazar Police Station, T.Nagar, Chennai-17 and others
W.P.No. 15956 of 2001
Decided on : 17-10-2001

Advocates Appeared:
Mr.Rakesh Khanna for Mr.G.R.Swaminathan, Advocate for Petitioner.
Mr.R.Muthukumarasamy, Additional Advocate General Assisted by Mr.D.Krishnakumar, Special Government Pleader for Respondent No. l to Respondent No.4.

The court highlighted the limitations on the admissibility of tape-recorded conversations and the court's interference with the investigation process.

Headnote:

Article 226 - Transfer of Investigation - Indian Penal Code, T.N.P.(D & L) Act, 1992, Arms Act, 1959, Narcotic Drugs and Psychotropic Substances Act - The court discussed the admissibility of tape-recorded telephonic conversations and the transfer of investigation from State Police to CBI. It highlighted the legal provisions related to the admissibility of tape-recorded conversations and the limitations on the court's interference with the investigation process.

Fact of the Case:

The petitioner, wife of an accused, sought to transfer the investigation of criminal complaints against her husband and his twin brother from State Police to CBI, alleging false cases filed at the instance of the former Chief Minister of Tamil Nadu.

Finding of the Court:

The court dismissed the writ petition, stating that it may not be proper to interfere with the investigation based on tape-recorded conversations, as their admissibility and relevance were yet to be established. It also noted that the accused had no right to select the investigating agency.

Issues: The court considered the admissibility of tape-recorded telephonic conversations and the propriety of transferring the investigation from State Police to CBI.

Ratio Decidendi: The court emphasized the need for proof of the accuracy and relevance of tape-recorded conversations and cautioned against premature interference with the investigation process.

Final Decision: The writ petition was dismissed, and no costs were awarded. The connected W.M.P.No.23678 of 2001 was also dismissed.

Judgment :

1. The pertinent question that arises for my consideration in this writ petition is whether the petitioner, who is the wife of P.K.Salahuddin, accused in FIR No. 1048 of 2001 dated 13.6.2001 on the file of the R4-Pondy Bazaar Police Station, T.Nagar, Chennai, viz., the first respondent herein can invoke Article 226 of the Constitution of India, to seek a direction to transfer the investigation of the crimes in FIR No.1048 of 2001, dated 13.6.2001 on the file of the R4-Pondy Bazaar Police Station, T.Nagar, Chennai, viz., the first respondent herein, against the petitioner's husband and his twin brother, and FIR No.816 of 2001 dated 28.6.2001 on the file of the E4, Abhiramapuram Police Station, Chennai, viz., fourth respondent herein, against the twin brother of petitioner's husband, from the State Police, viz. Inspector of Police, Pondy Bazaar Police Station and Inspector of Police, Abhiramapuram Police Station, Chennai, to the Central Bureau of Investigation (hereinafter referred to as the 'CBI’), viz., the eighth respondent herein, or any other agency independent of the control of the sixth respondent, viz. the former Chief Minister and the leader of the ruling party in the State of Tamil Nadu, on the ground that the said complaints are false and frivolous, in view of the tape-recorded telephonic conversation dated 1.7.2001,2.7.2001, 3.7.2001, and 5.7.2001 filed as Annexures 1 to 8 to this writ petition.

2.1. In brief, a criminal complaint was lodged against the petitioner's husband P.K.Salahuddin, and his twin brother, one Moinudin, which was registered as F.I.R. No.1048 of 2001 on 13.6.2001 at 0600 hrs on the file of first respondent herein for the offences punishable under Sections 120(B), 147, 148, 323, 452, 307, 427, 506(ii) of Indian Penal Code, Sections 3 and 8 of T.N.P.(D & L) Act, 1992 and Sections 25(1-b)(A) and 27 of Arms Act, 1959, by one Gopusridhar, the 7th respondent herein, and another criminal complaint was lodged against the said Moinudin, which was registered as F.I.R. No.816 of 2001 on 28.6.2001 at 1730 hrs on the file of the fourth respondent herein for the offences punishable under Sections 8-C read with 21 of Narcotic Drugs and Psychotropic Substances Act, by one M.E.M.Jayaraman, the second respondent herein.

2.2. According to the petitioner, both the above criminal complaints registered as F.I.R. Nos.1048 of 2001 and 816 of 2001 before the first and fourth respondents respectively, are false and frivolous, and they were registered at the instance of the sixth respondent who was the former Chief Minister of Tamil Nadu and leader of the ruling party in the Tamil Nadu.

2.3. It is claimed that the relationship of the petitioner's husband P.K.Salahuddin, who is the Managing Director of Silicon Valley Corporation, with the sixth respondent was only commercial in nature, for installation of a dish antenna at the residence of the sixth respondent at No.6, Poes Garden, Chennai, and relating to supply of hardware and technical advisory services for 'J.J. T.V.' (a Television Channel) and Super Duper T.V. (a Cable Network Company), which are said to be owned by the sixth respondent, and that the petitioner's husband is in no way connected with any illegal or corrupt transactions.

2.4. However, it is alleged that the sixth respondent, after coming to power in May, 2001, started demanding the petitioner's husband, his twin brother and V.N.Sudhagaran, huge money, which was said to have been taken away by V.N.Sudhagaran from the residence of the sixth respondent when she was in jail during the year 1997, under an impression that the said V.N.Sudhagaran had entrusted the said money to the petitioner's husband and his twin brother for safe custody of the same.

2.5. It is further alleged that upon denial of acquaintance of the petitioner's husband and his twin brother with V.N.Sudhagaran, the sixth respondent threatened them with dire consequences, making use of her power and is said to have directed the As






































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