The Court dismissed a Criminal Original Petition seeking direction to the CBI to register and investigate a case based on a complaint. The CBI counsel submitted the matter was addressed to the wrong address; the petition was closed with liberty to approach the competent forum.
petition stands closed with liberty to proceed before the competent forum.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.No.16354 of 2019
Adhimoolam ...Petitioner
1.The Director, Central Bureau of Investigation Plot No.5B, VI Floor, CGO Complex Lodhi Road, New Delhi 110 003.
2.The Additional Director Central Bureau of Investigation South Zone, Sastri Bhavan Chennai 600 034. ...Respondents
PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent herein to register the case on the basis of the petitioner's complaint dated 27.05.2019 and investigate the same in accordance with law.
For Petitioner : Mr.K.M.Balaji
For Respondents: Mr.K.Srinivasan Special Public Prosecutor (CBI)
ORDER
This Criminal Original Petition has been filed by the petitioner seeking a direction to the 2nd respondent herein to register a case on the basis of the complaint of the petitioner dated 27.05.2019 and to investigate the same in accordance with law.
2 The learned counsel for the petitioner would submit that the petitioner has given a complaint against the officials of PIPDIC, who in collusion with the third parties, had caused loss of public money and since no action has been taken by the respondents, the petitioner has approached this Court by filing the above petition.
3 Per contra, the learned Special Public Prosecutor [CBI]
appearing for the respondents would submit that the respondents have not taken any action on the basis of the petitioner's complaint dated 27.05.2019. He would further submit that the same has also been intimated to the petitioner vide letter dated 27.05.2019. However, since the address given by the petitioner was different, the intimation had been returned and thereafter, once again, another intimation was sent to the petitioner vide letter dated 12.07.2019, intimating the petitioner about not taking action.
4 Recording the said submission of the learned Special Public Prosecutor [CBI], the petition stands closed, granting liberty to the petitioner to proceed in accordance with law before the competent Forum.
Ap
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Director,
Central Bureau of Investigation Plot No.5B, VI Floor, CGO Complex Lodhi Road, New Delhi 110 003.
Central Bureau of Investigation
South Zone, Sastri Bhavan
Chennai 600 034
+1cc to Mr.K.M.Balaji, Advocate, SR.No.60513
Crl.O.P.No.16354/2019
Kak(21/08/2019)
1 issue framed by the court
Whether the respondent should register a case and investigate based on the petitioner's dated complaint.
1 provisions across 1 enactments
Adhimoolam
Director, Central Bureau of Investigation
Additional Director Central Bureau of Investigation South Zone
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
