Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 1507

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. KIRUBAKARAN, B. PUGALENDHI, JJ.
Ramanathapuram District Pathikkapattor Sangam – Petitioner
Versus
The State of Tamil Nadu, Rep. by the Principal Secretary – Respondent
W.P. (MD) No. 17716 of 2020, W.M.P. (MD) No. 14803 of 2020
Decided On : 17-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: A. Kannan.
For the Respondents: Sricharan Rengarajan, M. Muthugeethaiyan, Victoria Gowri.

Point of law : Every prosecution which results in the discharge or acquittal of the accused must be reviewed by a lawyer on the panel and, on the basis of the opinion given, responsibility should be fixed for dereliction of duty, if any, of the concerned officer. In such cases, strict action should be taken against the officer found guilty of dereliction of duty.

Headnote:
Constitution of India,1950 - Article 226 and 32 - Indian Penal Code,1860 - Sections 406, 120-B , 420 and 506(ii) - Criminal Procedure Code,1973 - Section 161(3) - TANPID Act - Section 5 - Criminal breach of trust – Criminal Intimidation - whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police - whether the Central Bureau of Investigation is doing recruitment of their own Officers independently or it is depending upon the Officers deputed from other sources - Whether Central Bureau of Investigation recruits their own officials independently or through some other agencies, especially for investigation - Why not CBI recruit more officials with degrees in CA, ACS, ICWA, Cyber Science Law, as more economic offences are investigated by CBI - Whether allotment of fund made by Central Government is sufficient - Why not Central Government allot more funds to CBI for modern investigation and to increase man power - Whether CBI has got all modern infrastructures including modern gadgets, machines available in its Central Forensic Sciences Laboratory at New Delhi as available in CFSL Hyderabad and CFSL Gujarat - Why not CBI recruit their officials and train them independently - Whether Central Bureau of Investigation is depending upon only the police officials drawn from various agencies like State Police, CISF and CRPF for investigation - What is the strength of CBI and as on cadre wise strength viz. Constable to higher levels to be given 0 Why not increase the man power in CBI to handle more case - Crimes are committed and there is no proper investigation by the local police, there is a demand for CBI investigation and the said demand for CBI investigation is increasing day by day due to the credibility of Central Bureau of Investigation. People revere CBI as a premier trust worthy agency, which could investigate the cases impartially and fairly and prosecute the case before the Court efficiently and properly. When such is the trust and faith of the people, very sadly CBI is dragging its feet, whenever there is a demand for CBI enquiry on the ground that resources and man power available with CBI are very restricted and therefore, it cannot conduct investigations. This is the usual stereotype version/defence of the CBI before the Courts –
Finding of the Court:
should clear all the pending proposals pertaining to CBI's infrastructure development e.g. land construction, residential accommodation, upgradation of available technical gadgets a period of six weeks - CBI should clear all pending cases other FSLs should also offer their Forensic opinion pending as within a period of six weeks from the date of receipt of a copy of this order - CBI has to work within the constraints of shortage of manpower, Director, CBI should send another detailed proposal seeking further increase in the divisions/wings as well as strength of Officers in CBI to the Government of India within a period of six weeks from the date of receipt of a copy of this order and Government of India should pass orders on the same within a period of three months of its receipt –
Result: Writ Petition is disposed of

JUDGMENT :

N. KIRUBAKARAN, J.

Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 to 2 to transfer the case in Crime No. 2/2020 on the file of the 8th Respondent to the file of the 3rd Respondent Special Investigation Team of CBI headed by the committee of the Hon'ble retired Judges of the Madras High Court to have a fair and thorough investigation under the direct monitoring of this Court and to complete the investigation within a time limit that may be specified by this Court by considering the petitioner's representation dated 22.10.2020.

"An aura of reverence is attached to the name of Central Bureau of Investigation (CBI).

There is always a clamour for CBI investigation."

1. Whenever any sensitive, heinous crimes are committed and there is no proper investigation by the local police, there is a demand for CBI investigation and the said demand for CBI investigation is increasing day by day due to the credibility of the Central Bureau of Investigation. People revere CBI as a premier trust worthy agency, which could investigate the cases impartially and fairly and prosecute the case before the Court efficiently and properly. When such is the trust and faith of the people, very sadly CBI is dragging its feet, whenever there is a demand for CBI enquiry on the ground that resources and man power available with CBI are very restricted and therefore, it cannot conduct investigations. This is the usual stereotype version/defence of the CBI before the Courts.

2. The aforesaid version has been parroted before this Court that CBI has no resources and man power to investigate the case, which is sought to be referred to CBI by the Petitioner in this case. When the matter came up on 08.12.2020, this Court passed the following order:

“This Writ Petition has been filed as a Public Interest Litigation seeking for issuance of a Writ of Mandamus to direct respondents 1 and 2 to transfer the case in Cr. No. 2 of 2020, on the file of the eighth respondent to the file of the third respondent - Special Investigation Team of CBI headed by the Committee of the Hon'ble Retired Judges of the Madras High Court to have a fair and thorough investigation under the direct monitoring of this Court and to complete the investigation within a time limit that may be fixed by this Court by considering the petitioner's representation dated 22.10.2020.

2. The contention of the petitioner is that one Company called BULLION FINTECH LLP, having its office at Ramanathapuram Sathak Centre, collected deposits to the tune of Rupees Three Hundred Crores from 750 victims with an attractive advertisement stating that the money will be doubled in one year. It is stated that most of the depositors are teachers.

3. Since the amounts, after maturity, had not been returned, a case has been registered in Cr. No. 347 of 2020 for the offences under Sections 406, 420 and 506(ii) I.P.C. on 09.06.2020, by the Inspector of Police, Bazar Police Station, Ramanathapuram, on the basis of the complaint given by one Thulasimanikandan. Yet another case in Cr. No. 41 of 2020 for the offences under Sections 406, 420 I.P.C., has been registered on 27.06.2020 against the very same BULLION FINTECH LLP Company, on the basis of the complaint given by one Karpagalilly, to the Superintendent of Police, Ramanathapuram. The Superintendent of Police, Ramanathapuram in turn forwarded the same to the District Crime Branch.

4. When things stand so, one Pradeep Chakravarthi filed a Criminal Original Petition in Crl. O.P. (MD) No. 8830 of 2020 before this Court to transfer the case from the second respondent police to the Economic Offences Wing, Madurai. During the pendency of the Criminal Original Petition, the second respondent viz. the Director General of Police transferred the case to Economic Offences Wing, Madurai, on 01.09.202

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2021 Supreme(Mad) 1507

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTN. KIRUBAKARAN, B. PUGALENDHI, JJ.Ramanathapuram District Pathikkapattor Sangam – PetitionerVersusThe State of Tamil Nadu, Rep. by the Principal Secretary – RespondentW.P. (MD) No. 17716 of 2020, W.M.P. (MD) No. 14803 of 2020Decided On : 17-08-2021

Cases Referred (1)