SEKAR REPORTER

Court News from Madras High Court

High Cout Directs CBCID to probe collusion of govt officials and others who may be involved in fabrication of records is disburse– THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.2495 of 2021 of land acquisition compensation.

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :   17.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.O.P.No.2495 of 2021

 

  1. Syed Syameer, S/o.Late R.K.M.Sharbudeen

 

  1. S.Anitha Farhana, D/o.Late R.K.M.Sharbudeen

 

  1. Sharifah Rabiathul Batharia,D/o.Late R..M.Sharbudeen

 

  1. S.Sofia, D/o.Late R.K.M.Sharbudeen

 

Petitioners 1, 2 and 4 are represented by their

Special Power of Attorney 3rd petitioner/

Sharifah Rabiathul Batharia                                              …Petitioners

 

vs.

 

  1. The Superintendent of Police,

Thiruvarur District,

Thiruvarur.

 

  1. The Inspector of Police,

District Crime Branch,

Thiruvarur District.

 

  1. The Additional Director General of Police,

CBCID, Chennai~600 008.                                                  ..   Respondents

 

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to transfer the investigation in Na.Ka.No.G3/7091/19 dated 21.05.2019 on the file of 2nd respondent police to the 3rd respondent and consequently direct the 3rd respondent to appoint an officer to conduct the investigation and file a final report within a time frame fixed by this court.

 

For Petitioners   : Mr.Abudu Kumar Rajarathinam

For Respondent : Mr.M.Mohamed Riyaz

Additional Public  Prosecutor

 

ORDER

 

This petition has been filed  to direct the respondent to transfer the investigation in Na.Ka.No.G3/7091/19 dated 21.05.2019 on the file of 2nd respondent police to the 3rd respondent and consequently direct the 3rd respondent to appoint an officer to conduct the investigation and file a final report within a time frame fixed by this court.

 

  1. The case of the petitioners is that they are the joint owners of the large extent of land at Tiruvarur District. All these petitioners are settled at Malaysia and in order to maintain the properties, they had appointed one Farooq Ahmed as the agent to take care of the properties.

 

3.The further case of the petitioners is that taking advantage of their absence, the said Farooq Ahmed is said to have executed bogus documents in favour of third parties and also misappropriated the amount.  That apart, one of  the properties became a subject matter of land acquisition and insofar as Survey No.109/5 is concerned, there was no power granted in favour of Farooq Ahmed  to deal with this property.  In spite of the same, it is alleged that  the said Farooq Ahmed had colluded  with Government Servants and had managed to knock off the compensation amount to the tune of more than one crore.

 

  1. On coming to know about all these facts, the petitioners filed a writ petition No.11928 of 2017 for a direction to the official respondents to consider the representation regarding the misappropriation of compensation amount and the said writ petition is pending. That apart, a complaint was also given by the petitioners in the year 2016. This was not acted upon. Therefore, the petitioners left with no other option, approached this Court and filed Crl.O.P.No.14895 of 2020.

 

  1. This court, on considering the facts and circumstances of the case, passed an order on 23.09.2020, directing the second respondent to register an FIR and conduct the investigation. This Court also granted liberty to the petitioners to seek for transfer of investigation after the registration of the FIR.

 

  1. The grievance of the petitioners is that in spite of the directions issued by this Court during September, 2020, even the FIR was not registered by the second respondent and therefore, left with no other option, the present petition was filed before this Court seeking for transfer of investigation.

 

  1. When the matter came up for hearing on 12.02.2021, this Court directed the learned Additional Public Prosecutor to take instructions and report compliance of the earlier order passed by this Court in Crl.O.P.No.14895 of 2020. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted the copy of the FIR registered in Crime No.2 of 2021 by the second respondent on 13.02.2021.  It is seen from the FIR that Farooq Ahmed has been shown as accused person and it has been registered  for the offence under Sections 465, 468, 471, 406 and 420 of IPC. The learned Additional Public Prosecutor submitted that the second respondent will proceed further  with the investigation effectively and complete the investigation within the time frame fixed by this Court.
  2. The learned counsel for the petitioners submitted that there are various Government Officials who are involved in this crime and in spite of specific allegations made in the complaint, the second respondent has not even chosen to add them as accused in this case and further submitted that there has been enormous delay even to register an FIR in this case in spite of very serious allegations made in the complaint and there is a conscious attempt made to cover up the illegalities committed by the Government servants. The learned counsel therefore sought for transfer of investigation to some other agency to ensure that the investigation is conducted in a fair manner and all the accused persons, in spite of their status, are brought to book.

 

  1. This Court has carefully considered the submissions made on either side and the materials available on record.

 

  1. In the considered view of this Court, very serious allegations have been made in the complaint which also includes the involvement of the officials who were responsible for disbursement of compensation amount to the tune of more than one crore. The specific case of the petitioners is that no power was executed in favour of the said Farooq Ahmed insofar as the property in S.No.190/5 is concerned and in spite of the same, this person has managed to knock off the entire compensation amount and this could not have been done without the active connivance of the Government officials. It is quite intriguing that the FIR itself has been registered after such an exorbitant delay in spite of the complaint making out a cognizable offence. The petitioners were forced to knock the doors of this Court twice and only thereafter the criminal law has been set in motion.

 

  1. Considering the seriousness of the allegations and the involvement of the Government Officials, it will be appropriate if this case is investigated by the specialized agency namely, the CB CID. The FIR has been registered only on 13.02.2021 by the second respondent. Therefore, no effective investigation could have commenced by now. Hence, this will be the appropriate time to direct for transfer of investigation by CB CID to ensure that there is confidence in the investigation conducted without giving rise to any lack of faith in the investigation.

 

  1. In view of the above discussion, the investigation in Crime No.2 of 2021 on the file of the second respondent, is hereby transferred to the file of the Additional Director General of Police, CBCID. The Additional Director General of Police, CB CID, Pantheon Road, Egmore, Chennai~600 008, is directed to form a team headed by an officer not less than the rank of Assistant Commissioner to conduct the investigation in this case. The investigation shall be conducted effectively and all the accused persons shall be brought to book and the final report shall be filed as expeditiously as possible.
  2. This Criminal Original Petition is disposed of with the above directions.

 

17.02.2021

Speaking Order/Non~Speaking Order

 

Index          : Yes/No

 

Internet       : Yes/No

 

kal

 

 

To

 

  1. The Superintendent of Police,

Thiruvarur District,

Thiruvarur.

 

  1. The Inspector of Police,

District Crime Branch,

Thiruvarur District.

 

  1. The Additional Director General of Police,

CBCID, Chennai~600 008.

 

 

 

 

N.ANAND VENKATESH.J

 

kal

 

 

 

 

 

 

 

Crl.O.P.No.2495 of 2021

 

 

 

 

 

 

 

17.02.2021

You may also like...