SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Mad) 77

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A. SELVAM, J.
S. Indira – Petitioner
Vs.
Superintendent (Anti-Corruption Wing) Central Bureau of Investigation – Respondent
Criminal Original Petition No. 29409 of 2006
Decided On : 8-1-2016

Advocates:
Advocate Appeared:
For Petitioner: Mr. R. Subramanian.
For Respondent: Mr. K. Srinivasan, Mr. G. Rajagopalan, Ms. G. Hema, Mr. B. Kumar, Mr. C. Mohan, M/s. King and Patridge.

Headnote:

Companies Act - Section 4 A - Judges (Protection) Act, 1985 - Section 3 - Recovery of debts due to Banks and Financial Institutions Act, 1993 - Section 33 - Code of Criminal Procedure, 1973 - Section 482 – Code of Civil Procedure, 1908 - Order 21 Rule 58 – Auction Notice - Praying to direct first respondent herein to register complaint - Conspiracy – Dwelling house – Petitioner submitted that property mentioned in petition is absolute property of petitioner and she purchased same by virtue of sale deed and since then she has become absolute owner of same and prior to 30 years, same has been let out to one and for past four years, he has not paid rent and petitioner has closed petition mentioned property and a portion of same is let out to one and all of a sudden, petitioner has come to know that an auction notice has been affixed on outer door of house and thereafter, petitioner has issued a legal notice ono the second respondent wherein it has been clearly stated about ownership of petitioner in respect of the property brought for sale and in spite of legal notice, respondent Nos. 2 and 3 and others with their active connivance, sold property mentioned in the petition in public auction and subsequently, demolished same - Whether necessary direction can be given to first respondent to register complaint dated 06-09-2006 - Held, It is easily discernible to effect that High Court by invoking Article 226 of Constitution of India can direct Central Bureau of Investigation (CBI) to investigate a particular matter, even though necessary sanction has not been obtained from concerned State Government - Therefore, last contention put forth on side of third respondent is sans merit - Investigation by utlizing the service of the first respondent is very much essential - Further, protection available to second respondent under Acts mentioned in counter can also be considered by prosecuting agency - On that basis, fundamental rights of petitioner cannot be deterred - Therefore, viewing from any angle contentions put forth on side of respondents cannot be accepted and the first respondent can be directed to look, investigate the allegations mentioned in complaint dated 06-09-2006 - Criminal original petition is allowed.

ORDER :

1. This criminal original petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the first respondent herein to register the complaint, dated 06-09-2006.

2. In the instant case, the petitioner who has no connection whatsoever with the judicial proceeding, lost her dwelling house due to miskenning judicial approach and irresponsible conduct of the persons concerned.

3. The material averments stated in the petition can be summarised as follows:

The petitioner is the absolute owner of the property bearing New No. 1, Old No. 7, Seven Hills, 5th Main Road, Kasturibai Nagar, Adyar, Chennai - 600 020. She purchased the same by virtue of a sale deed dated 17-12-1974 and since then she has become absolute owner. Some 30 years' ago, the same has been let out to one V.S. Krishnan and for the past four years, he has not paid rent. The petitioner has locked the house mentioned in the petition and a portion of the same has been let out to Subham Trading Company. To the shock and surprise of the petitioner, a notice has been affixed on the outer door of the house mentioned in the petition in the name of Mr. Sathia Prakash, Recovery Officer, Debts Recovery Tribunal, New Delhi. The petitioner has come to know that a judicial proceeding is pending in between Indian Renewable Energy Development Agency Ltd., New Delhi (IREDA) and one M/s. Maha Krishna Financial Services Ltd., Chennai. In the notice affixed it is stated that the property mentioned in the petition has been brought for public sale. The notice in question has been affixed by active conspiracy of IREDA Officials without verifying the ownership of the property. The petitioner has issued a legal notice dated 16-05-2006 to the Recovery Officer. Even after receipt of the same, the Recovery Officer has conducted sale and subsequently, confirmed the sale. Since the entire proceedings have been made with the conspiracy of the persons concerned, a complaint dated 06-09-2006 has been given to the first respondent and so far no action has been taken. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

4. In the counter filed by the first respondent it is averred that the letter dated 06-09-2006 given by the petitioner has been enquired into and since it is nothing but a civil matter, the same has been closed and therefore, the present petition deserves to be dismissed.

5. In the counter filed on the side of the second respondent it is stated that the third respondent has initiated the proceeding in R.C. No. 210 of 2002. The second respondent on the basis of Recovery Certificate has passed further orders. The second respondent has issued a sale notice and subsequently, sale has been conducted in accordance with law. The second respondent is entitled to get protection as per Section 3 of The Judges (Protection) Act, 1985 (59 of 1985). The second respondent has not done any infraction. The criminal proceeding against the second respondent is clearly barred under Section 33 of the Recovery of debts due to Banks and Financial Institutions Act, 1993. Even as per Section 77, IPC, such protection is available. Further, from the date of attachment (31-10-2005) upto confirmation of sale (02-06-2006), no person has come forward with any petition nor raised any objection and there is no merit in the petition and the same deserves to be dismissed.

6. In the counter filed on the side of the third respondent, it is averred that the third respondent is a public financial institution under Section 4 A of the Companies Act. No complaint can be registered without the consent of Central Government or State Government. The third respondent has had money dealings with M/s. Maha Krishna Financial Services Limited, Chennai. Since the said M/s. Maha Krishna Financial Services Limited, Chennai has not discharged its liability, O.A. No. 665 of 2000 has been instituted before Debt Recovery Tribunal wherein a final order ha





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top