Cbi ordered THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR W.P.Crl.No.1361 of 2025 Canara Bank,

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2025
CORAM:
THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.Crl.No.1361 of 2025
Canara Bank,
Circle Office, No.524,
Anna Salai, Teynampet,
Chennai – 600 018,
Rep by its Assistant General Manager,
Ms.Mridula, aged 44 years … Petitioner
Versus
Central Bureau of Investigation,
Anti Corruption Branch,
3rd Floor, Shastri Bhavan,
Haddows Road,
Chennai – 600 006. … Respondent
PRAYER : Writ Petition filed under Article 226 of Constitution of India praying to issue a suitable direction to the respondent to register the complaint dated 30.07.2024 lodged by the petitioner bank forthwith and register FIR/regular case on the basis of complaint dated 30.07.2024.
For Petitioner : Mr.M.L.Ganesh
For Respondent : Mr.K.Srinivasan
Special Public Prosecutor
O R D E R
The petitioner, Assistant General Manager of Canara Bank, Circle Office, No.524, Anna Salai, Teynampet, Chennai had filed this writ petition seeking suitable direction to the respondent/Central Bureau of Investigation to register the complaint dated 30.07.2024 lodged by the petitioner bank forthwith and register F.I.R. on the basis of complaint dated 30.07.2024.
2.The grievance of the petitioner is that the petitioner sent a complaint to the Head of Zone, Banking Security and Fraud (Zone), CBI, Head Quarters, New Delhi on 30.07.2024, which was forwarded to the CBI, Anti Corruption Branch, Chennai but no action has been taken despite cognizable offence committed by the persons named in the complaint.
3.The complaint of the petitioner is that M/s.Sivaji Hitek Agro Foods, a proprietorship concern represented by Mr.K.S.S.Karunakaran, Mrs.Revathy, W/o.Mr.K.S.S.Karunakaran, Satish Kumar, CFO of M/s.Sivaji Hitek Agro Food, committed fraud by producing forged financial documents and forged letters with an intent to commit fraud. The borrower firm M/s.Sivaji Hitek Agro Food availed limits to set up a new modern rice mill with production capacity of 6 MT/Hr on the land measuring 3.06 Acres at Ariyapadi Village, Arani Taluk, Thiruvannamalai District. The borrower firm availed credit facilities with the complainant bank with a total exposure of Rs.12 Crores. Out of which, Term Loan of Rs.9,62,76,751/- was disbursed on 26.05.2022 for purchase of machinery. Since the business was not conducted as per the sanctioned terms and conditions and interest were not paid, the account slipped to NPA on 24.10.2022, i.e. within one year of disbursement, though the account was subsequently upgraded by the borrower, the account slipped to NPA on 11.07.2023. Thereafter the bank conducted enquiry and internal verification of the documents. The details of which read as follows:

4.With all these details the petitioner lodged a complaint but no action has been taken. On the other hand, the respondent/CBI had sent a communication dated 24.02.2025 stating that the general consent to investigate the offences under Delhi Special Police Establishment (DSPE) Act, 1946 was withdrawn by Government of Tamil Nadu with effect from 14.06.2023. Thereafter, it is necessary to obtain permission to investigate offences by CBI on case to case basis, by issuance of notification under Section 6 of DSPE Act by Government of Tamil Nadu. Earlier proposals which was sent are pending with the Government for more than a year. Hence directed the petitioner bank to take up the issue with the Chief Secretary, Government of Tamil Nadu for issuance of appropriate orders in this regard. Hence, complaint dated 30.07.2024, in original, returned. Hence, the above petition.
5.The learned Special Public Prosecutor submitted that due to the withdrawal of general consent to investigate the offence under DSPE, CBI is handicapped, constrained and unable to entertain the complaint, even for the Public Sector undertakings. He further submitted that this Court in similar circumstances had given directions, directing the CBI to take appropriate action. Further referred to the order passed in W.P.No10852 of 2025, wherein this Court had directed the CBI to register F.I.R. based on the complaint of the Bank therein and proceed with the investigation in accordance with law. As regards the petitioner herein is concerned, the complaint is that the petitioner was informed by communication dated 24.02.2025 about the constraints. Further now it has become necessary for CBI to obtain permission to investigate the offence on case to case basis by issuing notification under Section 6 of Delhi Special Police Establishment (DSPE) Act, 1946 by Government of Tamil Nadu. Further submitted that as per Chapter VI of Master Circular on “Frauds Classification and Reporting” issued by the Reserve Bank of India, wherein the amount involved in the fraud and Agency to whom the complaint should be made are given. In this case, the fraud and misappropriation committed is around Rs.6.1 Crores and there is also an allegation of involvement of bank officials.
6. Considering the submissions made and on perusal of the materials, it is seen that with regard to active involvement of the others in siphoning out of huge amount of Rs.6.1 Crores of the Bank, the same has to be unearthed and recovered. As submitted by the learned counsel for the petitioner, there is a possibility that the offenders might flee and escape from clutches of law and issuance of the Look Out Circular might be required in this case. The Look Out Circular can be issued only on registration of criminal case.
7.In such circumstances, keeping the complaint pending for a long period without any progress is not proper. It is not in dispute that the complainant is a Public Sector Bank and huge amount of public money siphoned out by the offenders.
8.In similar situation, this Court by orders, dated 23.01.2024.
05.07.2024 and 14.10.2024 in W.P.Nos.601 of 2024, 16029 of 2024 and 28365 of 2023 directed the respondent/Central Bureau of Investigation to register FIR based on the complaint of Bank and to proceed with the investigation in accordance with law and file a final report as expeditiously as possible.
9.In view of the same, the petitioner is directed to resubmit the original complaint dated 30.07.2024, which was returned to her, along with necessary documents to the Head of Branch, ACB-CBI, Chennai, who shall consider the complaint, direct preliminary enquiry to be conducted and if cognizable offence is made out on the materials and further investigation is required, thereafter to register an F.I.R. and proceed in accordance with law.
10.With the above directions, the writ petition is disposed of.
18.11.2025
Index : Yes / No
Neutral citation : Yes / No Speaking / Non-speaking order rsi
To
1.Central Bureau of Investigation,
Anti Corruption Branch,
3rd Floor, Shastri Bhavan,
Haddows Road,
Chennai – 600 006.
2.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
rsi
W.P.Crl.No.1361 of 2025
18.11.2025