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2023 Supreme(Mad) 3365

M. SUNDAR, R. SAKTHIVEL
J. Vivek – Appellant
Versus
Principal Secretary, The Home Department, Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Rajeshwaran.
For the Respondents: Mr. R. Shunmugasundaram, Adv. General, instructed by Mr. A.Thiruvadi Kumar, Add. Public Prosecutor assisted by Ms. A.G. Shakeenaa Abdul Gafoor, Mr. Veera Kathiravan, Add. Adv. General instructed by Mr. A. Thiruvadi Kumar, Add. Public Prosecutor assisted by Mr. R. Kavinprasath, Mr. Hasan Mohamed Jinnah, State Public Prosecutor and Mr. A. Thiruvadi Kumar, Add. Public Prosecutor assisted by Mr. S. Santosh, Govt. Adv.

ORDER :

(M. Sundar, J.) :

Captioned 'Writ Petition' ('WP' for the sake of brevity) has been filed in this Court on 04.12.2023 as a 'Public Interest Litigation' ('PIL' for the sake of brevity).

2. Factual matrix in a nutshell is that PIL petitioner, who is a practising advocate says larger public interest is involved qua investigation pursuant to 'First Information Report dated 30.11.2023' ('FIR' for the sake of brevity) regarding Crime No.6 of 2023 on the file of 'The Directorate of Vigilance and Anti- Corruption' (hereinafter 'DVAC' for the sake of brevity); that the sheet anchor of PIL petitioner's plea is that this case should be transferred to the 'Central Bureau of Investigation' ('CBI' for the sake of brevity) as it pertains to an Assistant Director of Enforcement Directorate ('Enforcement Directorate' shall be referred to as 'ED' for the sake of brevity) who is now serving in Madurai Sub-zonal Office of ED; that search on 01.12.2023 pursuant to said FIR is the epicentre of the issue i.e., search by DVAC in the Office of ED, Madurai; that this investigation should be transferred to CBI is the nucleus/lone plea qua mandamus prayer in captioned WP.

3. Mr.K.Rajeshwaran, learned co

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