THAMBIDURAI BALAGANESAN vs HOME SECRETARY OF TAMILNADU

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(MAD) 22032

W.P.No.23702 of 2023 N.ANAND VENKATESH,J.
The matter is posted under the caption “For Being Mentioned”
today on the ground that at Paragraph No.9 of the order, this Court had directed the ADGP, CBCID to ensure that the accused persons do not involve in any such offences in future.
2. This Court only meant that if the accused persons continue to commit any such offences, the ADGP, CBCID, will take appropriate action against him immediately in accordance with law. Therefore, the directions given by this Court should be understood in that context.
3. Except giving this clarity, no further orders are required to be passed in this case.
11.10.2023 tsg N.ANAND VENKATESH,J.
tsg W.P.No.23702 of 2023
11.10.2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2023 CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Writ Petition No.23702 of 2023 Thambidurai Balaganesan ... Petitioner Versus
1.Home Secretary to Tamil Nadu Government, Home Department, Secretariat,Chennai - 9.
2.Additional Chief Secretary to the Tamil Nadu Government, Home, Prohibition and Excise Department, Secretariat, Chennai.
3.Director - General of Police (DGP), No.1, Dr.Radhakrishna Salai, Mylapore, Chennai - 600 004.
4.Joint Director, Central Bureau of Investigation, E.V.K., Sampath Building, College Road, Chennai - 600 006.
5.The Inspector of Police, Central Crime Branch, CCB-1, Chennai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to transfer the investigation in Cr.No.46 of 2023 on the file of the fourth respondent police to CBI or any other investigation agency.
For Petitioner : Mr.G.Mohana Krishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed seeking for transfer of investigation pending on the file of the fifth respondent in Crime No.46 of 2023 to CBI or to another investigating agency.

2. When the matter came up for hearing on 11.09.2023, this Court has passed the following order :-

Pursuant to the order passed by this Court on 11.08.2023, the matter stood posted today and a status report has also been filed by the second respondent. On going through the status report, it is seen that there is a clear design on the part of the accused persons in cheating the petitioner to the tune of Rs.43.96 crores. A1 is the Company and A2 is the Director of the Company and it is seen from the status report that A2 was arrested and remanded to judicial custody on 20.02.2023. A4, who had claimed himself as a former Minister had in fact impersonated the Minister and had given confidence to the petitioner to part with huge sums of money. The main grievance expressed by the learned Counsel for the petitioner is that apart from this case, there are nearly three to four cases against A2 who is repeatedly involved in such offence by adopting the same modus operandi. The learned Counsel for the petitioner further submitted that till date, except for the confession, no progress has been made in the investigation and even the bank account has not been freezed till date. Therefore, the learned Counsel for the petitioner insisted for transferring the investigation to C.B.I.

2. The learned Additional Public Prosecutor seeks for some time to take instructions for collecting the particulars of the other cases that are pending against A2. The learned Additional Public Prosecutor submitted that the second respondent is carrying on with the investigation effectively and the materials have also been collected by the second respondent and there is no need to transfer the investigation at this stage.

3. Considering the exorbitant amount that was taken away from the petitioner by practicing deception and also considering the fact that there is a design in the entire modus operandi, this Court wants to ascertain if the same accused person is involved in similar offences. Hence, there shall be a direction to the learned Additional Public Prosecutor to collect the relevant information and place it before this Court. After particulars are furnished, this Court will pass final orders on the request made by the petitioner for transfer of investigation.

4. Post this case under the same caption on

14.09.2023.

3. When the matter was taken up for hearing today, the learned Additional Public Prosecutor produced the case details that are pending in the Central Crime Branch against the accused person and the same is tabulated hereunder :-

Sl.No.	Crime No.	Section of Law	Team	Stage	Property Loss [Amount in Rs.]
1.	46/2023	U/s.406, 419, 420 r/w.120 B IPC	CCB EDF(II), Team – 37	Under investigation	43.09 Crores
2.	277/2019	U/s.409,	CCB,	EDF Under

Sl.No.	Crime No.	Section of Law	Team	Stage	Property Loss [Amount in Rs.]
		420, 506(i) r/w. 120 B IPC	(iii) Team 21(B)	investigation	2.62 Crores
3.	30/2022	U/s.406, 420, 506(i) IPC	CCB, EDF (I), Team-2	Under investigation	2.10 Crores
4.	211/2022	U/s.406, 420, 506(i) IPC	CCB, EDF(I) , Team 2	Under investigation	92.50 lakhs

4. The learned counsel for the petitioner submitted that the accused person is highly influential with political contacts and that he is repeatedly involved in cheating innocent persons with huge sums of money and the investigation conducted by the Central Crime Branch is completely in effective. The learned counsel for the petitioner submitted that he is insisting for the transfer of investigation to CBI, considering the amount of influence possessed by the accused person and according to the learned counsel for the petitioner, a fair investigation can be done only if it is transferred to the centralised agency.

5. Per contra, the learned Addition

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