Madras High Court
K.Ramesh vs The Director on 27 November, 2019
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.18842 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2019
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18842 of 2019
K.Ramesh ... Petitioner
Versus
1.The Director,
Central Bureau of Investigation,
CGO Complex, Lodhi Road,
Jawaharlal Nehru Road,
New Delhi-110 003.
[1st respondent is given up as per the
endorsement made by the learned
counsel for the petitioner. Amended as
per the order of this Court in
Crl.O.P.No.18842 of 2019, dated
30.10.2019.]
2.The Joint Director, (South),
Central Bureau of Investigation,
Sasthiri Nagar, Chennai.
3.The Superintendent of Police,
Villupuram District.
4.The Inspector of Police,
Thiruvennainallur Police Station,
Villupuram District. ... Respondents
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CRL.O.P.No.18842 of 2019
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, directing the 1st and 2nd respondent to investigate the
housing scam in IAY scheme, PMAY Scheme, Green House Scheme and
Special Housing Scheme forgery committed by the government official and
further directing the 3rd respondent to hand over the case file pending in
Crime No.153 of 2018 to the 1st and 2nd respondent.
For Petitioner : M/s.S.Ramajayam
For R2 : Mr.K.Srinivasan
Special Public Prosecutor (CBI Cases)
For R3 & R4 : M/s.M.Prabhavathy
Additional Public Prosecutor
******
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent to investigate the case in Crime No.153 of 2018, since the housing scam in IAY scheme, PMAY Scheme, Green House Scheme and Special Housing Scheme funds have been misappropriated by the accused persons, who have forged the photographs and particulars of the beneficiaries.
2.The learned counsel for the petitioner filed an affidavit of Aarayi, one of the so called beneficiary. But, she did not avail any benefits and her 2/6 http://www.judis.nic.in CRL.O.P.No.18842 of 2019 photographs and particulars have been used by the accused for committing the offence of misappropriation, cheating, forgery for availing the benefits of the scheme.
3.The learned counsel for the petitioner further submitted that earlier a case in Crime No.153 of 2018 was filed and investigated by the 4th respondent. Despite the order of this Court in Crl.O.P.No.20585 of 2018 dated 23.08.2018 directed the Deputy Superintendent of Police, incharge of Thiruvenainallur police station to monitor the investigation that was being conducted by the 4th respondent in Crime No.153 of 2018, the Deputy Superintendent of Police failed to monitor the same. On the other hand the petitioner was served notice in R.C.S.No.25 of 2018, against which he had filed this petition.
4.The learned Additional Public Prosecutor appearing for the 3rd and 4th respondents submitted that in this case only after thorough investigation, RCS notice has been served to the petitioner. Further, the learned Additional Public Prosecutor produced the closure report filed in R.C.S.No.25 of 2018 and the case diary. On perusal of the same, it is seen that the investigation had been carried out by examining the witnesses, 3/6 http://www.judis.nic.in CRL.O.P.No.18842 of 2019 recording the statements. Thereafter, closure report came to be filed before the Judicial Magistrate No.II, Ulundurpet.
5.The learned counsel for the petitioner submitted that he has got materials, which he had produced before the 4th respondent, who failed to consider the same.
6.In view of the categorical assertion of the learned counsel for the petitioner, the petitioner is given liberty to file a protest petition before the learned Judicial Magistrate No.II, Ulundurpet, within a period of two weeks from the date of receipt of a copy of this order. The trial Court is directed to consider the protest petition of the petitioner and pass orders in accordance with law.
7.With the above directions, this Criminal Original Petition is dismissed.
27.11.2019 vv2 4/6 http://www.judis.nic.in CRL.O.P.No.18842 of 2019 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No Note: Issue Order Copy on 29.11.2019. To
1.The Judicial Magistrate No.II, Ulundurpet.
2.The Joint Director, (South), Central Bureau of Investigation, Sasthiri Nagar, Chennai.
3.The Superintendent of Police, Villupuram District.
4.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.
5.The Public Prosecutor, High Court, Madras.
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