Rajendra Sundar Vs Central Bureau of Investigation — Writ and Judicial Review | Madras HC (2025)

Rajendra Sundar Vs Central Bureau of Investigation — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition (criminal) disposed of with liberty to the petitioner to submit the complaint with more specific allegations to the Superintendent of Police, Krishnagiri within two weeks; SP directed to consider it, hold a preliminary inquiry in accordance with law and act accordingly or give a suitable reply; liberty preserved to seek remedies for the foisted cases; no costs. Mandamus to the CBI was not granted.

Issue for consideration

Whether a writ of mandamus should issue directing the second respondent (CBI) to take action on the petitioner's complaint dated 26.03.2025 and to conduct a preliminary enquiry. +1 more

Court's answer

Instead of the mandamus sought, the petitioner is granted two weeks to make the very same complaint with more specific and proper allegations to the Superintendent of Police, Krishnagiri, who upon presentation shall consider the representation, conduct a preliminary inquiry in accordance with law, take action in accordance with law if he finds prima facie materials, and otherwise suitably reply to the petitioner.

Ratio / Principle

Since the alleged incidents occurred within the jurisdiction of the Superintendent of Police, Krishnagiri, this is not a case where the Court would entrust the investigation to the Central Bureau of Investigation.

Key takeaways

With reference to the cases said to have been foisted against the petitioner, it will always remain open to him to seek such remedies as are available under law.obiter¶26

Detailed headnote1 paragraphs

Writ Petition (Crl.) under Article 226 seeking mandamus to direct the CBI (Anti-Corruption Wing, Chennai) to act on the petitioner's complaint dated 26.03.2025 alleging that, in a real estate dispute with one Venkatesh and others acting as touts for local police, officials up to the rank of Deputy Superintendent of Police abducted him, forcibly extracted cheques and abused his wife. The Court held that since the alleged occurrences fall within the jurisdiction of the Superintendent of Police, Krishnagiri, it was not a fit case to entrust the investigation to the CBI. The petitioner was given two weeks to submit the same complaint with more specific and proper allegations to the Superintendent of Police, Krishnagiri, who shall consider the representation, conduct a preliminary inquiry in accordance with law and, if prima facie materials are found, take action in accordance with law, failing which a suitable reply shall be given. Liberty was reserved to the petitioner to pursue remedies against the cases allegedly foisted on him. Petition disposed of. No costs.

W.P.Crl.No. 140 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.Crl.No.140 of 2025

Rajendra Sundar

... Petitioner

Vs

Central Bureau of Investigation, Rep. by Joint Director and Head of Zone, III Floor, EVK Sampath Building, College Road, Chennai – 600 006.

Central Bureau of Investigation, Anti-Corruption Wing, III Floor, Sasthri Bhavan, Nungambakkam, Chennai - 06. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the second respondent to take action on the complaint submitted by the petitioner on 26.03.2025 and to conduct preliminary enquiry, thereafter based on the enquiry report to proceed further as per law.

For Petitioner : Mr.V.Ramamurthy For R1 & R2 : Mr.S.Udayakumar

Government Advocate (Crl.Side)

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W.P.Crl.No. 140 of 2025

ORDER

The writ petition (criminal) is filed for a mandamus to direct the second respondent to take action on the complaint submitted by the petitioner on 26.03.2025 and to conduct a preliminary inquiry and thereafter proceed as per law.

On perusal of the said complaint dated 26.03.2025, it is revealed that the petitioner alleges he is engaged in the real estate business and has a conflict with one Venkatesh and others. According to the petitioner, the said Venkatesh and others are acting as touts to certain police officials and there is patronage for the said persons among the local police officials. Therefore, he makes allegations against a particular Deputy Superintendent of Police, Inspector of Police, Sub-Inspector of Police, and other officials. It is his contention that he has been abducted and that cheques were forcibly extracted, and his wife was abused by police officials.

If that be so, since the allegations are said to have happened within the jurisdiction of the Superintendent of Police, Krishnagiri, I am of the view

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W.P.Crl.No. 140 of 2025

that this is not a case where the Court would entrust the investigation to the Central Bureau of Investigation, the respondents herein.

On the other hand, the petitioner can make the very same complaint with more specific and proper allegations to the Superintendent of Police, Krishnagiri. Two weeks’ time from today is granted to the petitioner to make such a complaint. Upon such complaint being presented, the Superintendent of Police, Krishnagiri, shall consider the said representation, conduct a preliminary inquiry in accordance with law and if he finds prima facie materials, take action in accordance with law. If otherwise, the petitioner may be suitably given a reply. With reference to the cases that are said to have been foisted against the petitioner, it will always be open for the petitioner to seek such remedies available to him under law.

With the said liberty granted to the petitioner, the writ petition

(criminal) stands disposed of. No costs.

25.06.2025

Neutral Citation: Yes/No nsl

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D.BHARATHA CHAKRAVARTHY, J.

nsl

To

The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, EVK Sampath Building, College Road, Chennai – 600 006.

Central Bureau of Investigation, Anti-Corruption Wing, III Floor, Sasthri Bhavan, Nungambakkam, Chennai - 06.

W.P.Crl.No. 140 of 2025

25.06.2025

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