Madras High Court
M.Narendra vs Investigating Officer on 9 July, 2018
Author: G.Jayachandran
Bench: G.Jayachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.07.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.R.C.No.591 of 2018
M.Narendra ... Petitioner
Vs.
Investigating Officer,
Central Bureau of Investigation,
Anti Corruption Branch,
Sastri Bhavan,
Chennai-600006. ... Respondent
Prayer: Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. praying to set aside the order of XI Additional Sessions Judge and Special Judge for CBI cases, Chennai dated 31.01.2018 passed in Crl.M.P.No.3982 of 2017 in RCMA1 2014 A0004 and direct the respondent to raise the attachment on Locker No.13 jointly operated by K.S.Rao & M.Nagarathna (wife of the petitioner) at Syndicate Bank, Kadekar Branch, Rajagopala Krishna Road, Kadekar-576103, Udupi, Mangalore, Karnataka with respect to Account Number 01162020000041 in the name of K.S.Rao to enable the petitioner's wife to operate the same.
For Petitioner : Mr.P.V.S.Giridhar
for M/s. Giridhar and Sai
For Respondent : Mr. K. Srinivasan
Special Public Prosecutor for CBI
ORDER
This revision petition has been filed seeking to set aside the order of the learned XI Additional Sessions Judge and Special Judge for CBI cases, Chennai dated 31.01.2018 passed in Crl.M.P.No.3982 of 2017 in RCMA1 2014 A0004. The locker which stands jointly in the name of Mr.Srinivasa Rao and Mrs. Nagarathna freezed by the respondent in this case, is sought to be defreezed by the petitioner herein, who is not the locker holder. It is his wife Nagarathna, is the joint holder along with K.S.Rao. Hence, this petitioner has no locus to file petition seeking defreezing the locker.
2 However, instead of directing the person concerned to file petition, it is suffice to direct the respondent to take a decision regarding defreezing of the locker as expeditious as possible. If there is incriminating material in the locker or if the respondent is of the opinion that any materials found in the locker is required for investigation, those materials alone may be retained and the remaining materials shall be returned to the persons who are operating the locker and also permit them to operate the locker. The respondent is directed to pass appropriate orders within 30 days from today.
3 With the above direction, this Criminal Revision Case is disposed of.
09.07.2018 Internet : Yes rpl To 1 Investigating Officer, Central Bureau of Investigation, Anti Corruption Branch, Sastri Bhavan, Chennai-600006.
2 The Special Public Prosecutor for CBI cases, High Court, Madras.
Dr.G.JAYACHANDRAN,J.
Rpl Crl.R.C.No.591 of 2018 09.07.2018