1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.5538 of 2011 V.Subramanian .. Petitioner Vs. 1.Union of India, Represented by The Under Secretary to the Government of India, Department of Financial Services Ministry of Finance, New Delhi - 110 001. 2.State of Tamil Nadu, Represented by The Inspector City Crime Branch, Tiruchirappalli City Police, Tiruchirappalli- 620 021. 3.Central Bureau of Investigation, Represented by The Inspector Central Bureau of Investigation(CBI)/SPE, Kathirakadavu, Kaloor, Cochin-682 017. 4.Reserve Bank of India, Represented by The Manager, Customer Services Department, Central Office, 1st Floor, Amar Building, Sir M.P.Road, Fort, Mumbai- 400 001. 5.Syndicate Bank, Represented by The General Manager, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.Canara Bank, Represented by The General Manager, Credit Policy Section, Risk Management Wing, Head Office, 112, J.C.Road, Bangalore- 560002. https://hcservices.ecourts.gov.in/hcservices/ 2 7.Indian Bank, Represented by The General Manager (CR), HO/Credit Division, 66, Rajai Salai, Chennai 600 001. 8.Bank of India, Represented by The Zonal Manager, Coimbatore Zone, STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.State Bank of India, Represented by The Deputy General Manager, Local Head Office, Circle Top House, 16, College lane,Chennai 600 0006. 10.Institution of Valuers, Represented by The Honorary General Secretary, Head Office, 4,5 & 6, Vishal Market, Mukherjee Nagar(W), New Delhi-110 009. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the third respondent to grant suitable monetary compensation to the petitioner as a victim of police atrocities for the illegal criminal proceedings with malicious intent from 22.08.2005 to 23.02.2011 in which the petitioner had appeared 42 hearings without framing any charge in the frivolous case as C.C.No.110 of 2005 before the Chief Judicial Magistrate, Ernakulam and as S.C.No.35 of 2007 before the Special Judge(CBI/SPE)-1, Sessions Court, Ernakulam, Kerala State which are nonest prosecution. For Petitioner : Mr.K.P.Vijayakumar For R-1 : M/s.Radha Manalan For R-2 : Mr.M.Govindan Special Govt. Pleader For R-3 : Mr.S.Rozario Sundar Raj For R-4 : Mr.K.Ramamoorthy For R-5 : Mr.R.Pandivel For R-6 : Mr.Madhavan Kutty For R-7 : Mr.S.Suresh for M/s.Iyer & Dolia For R-8 : Mr.M.Senthil Kumar For R-9 : Mr.A.Parameswaran For R-10 : Mr.Pala.Ramasamy https://hcservices.ecourts.gov.in/hcservices/ 3 O R D E R ********** This Writ Petition has been filed to direct the third respondent to grant suitable monetary compensation to the petitioner as a victim of police atrocities for the illegal criminal proceedings with malicious intent from 22.08.2005 to 23.02.2011 in which the petitioner had appeared 42 hearings without framing any charge in the frivolous case in C.C.No.110 of 2005 before the learned Chief Judicial Magistrate, Ernakulam and in S.C.No.35 of 2007 before the Special Judge(CBI/SPE)-1, Sessions Court, Ernakulam, Kerala State, which are non-est prosecution. 2.Heard the learned counsel appearing for the petitioner and the respective learned counsel appearing for the respondents. 3.By consent, the Writ Petition itself is taken up for final hearing. 4. The Writ Petition has been filed to direct the third respondent Central Bureau of Investigation to grant monetary compensation as a victim of police atrocities, for the illegal criminal proceedings in C.C.No.110 of 2005 pending on the file of the learned Chief Judicial Magistrate, Ernakulam and in S.C.No.35 of 2007 pending on the file of the Special Judge (CBI/SPE)-1, Sessions Court, Ernakulam, Kerala State. 5. The relief sought for by the petitioner in this Writ Petition cannot be granted as the criminal cases are still pending before the competent Court and the Writ Petition filed by the petitioner is premature. As to whether such a claim is maintainable will have to be considered at the appropriate stage. Therefore, finding no merits the Writ Petition is dismissed. No Costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The Under Secretary to the Government , Union of India, Department of Financial Services Ministry of Finance, New Delhi - 110 001. 2.The Inspector City Crime Branch, Tiruchirappalli City Police, Tiruchirappalli- 620 021. https://hcservices.ecourts.gov.in/hcservices/ 4 3.The Inspector, Central Bureau of Investigation, Central Bureau of Investigation(CBI)/SPE, Kathirakadavu, Kaloor, Cochin-682 017. 4.The Manager, Reserve Bank of India, Customer Services Department, Central Office, 1st Floor, Amar Building, Sir M.P.Road, Fort, Mumbai- 400 001. 5.The General Manager, Syndicate Bank, Regional Office, Leelavathi Building, 69, Armenian Street, Chennai-600 001. 6.The General Manager, Canara Bank, Credit Policy Section, Risk Management Wing, Head Office, 112, J.C.Road, Bangalore- 560002. 7.The General Manager(CR), Indian Bank, HO/Credit Division, 66, Rajai Salai, Chennai 600 001. 8.The Zonal Manager, Bank of India, Coimbatore Zone, STAR House, 324, Oppanakkara Street, Coimbatore 641 001. 9.The Deputy General Manager, State Bank of India, Local Head Office, Circle Top House, 16, College lane,Chennai 600 0006. 10.The Honorary General Secretary, Institution of Valuers, Head Office, 4,5 & 6, Vishal Market, Mukherjee Nagar(W), New Delhi-110 009. +One CC to Mr.R.Pandivel, Advocate, SR.No.27679 pm rl/12c – 13.9.2011 W.P.(MD)No.5538 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/