IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2010 CORAM: THE HONOURABLE MR.JUSTICE G.M. AKBAR ALI Crl.O.P.No.8388 of 2010 and M.P.No.1 of 2010 M/s VAK Engineering Pvt Ltd rep by its Director Rajesh Maihotra No.326, MKN Road Alandur, Chennai-600 016 .. Petitioner. Versus 1. State rep by The Superintendent of Police CB CID, Head Quarters Chennai 2. The Inspector of Police Crime Branch CID, Headquarters Chennai 3. The Superintendent of Police Central Bureau of Investigation Chennai 4. The Inspector of Police Central Bureau of Investigation Chennai .. Respondents Prayer: Petition filed under Section 482 Cr.P.C seeking for the reliefs praying this Court to transfer the case in CCB CR.No.64/2009 pending investigating on the file of the 2nd Respondent to the file of 4th Respondent and further direct the 3rd Respondent to monitor the investigation. For Petitioner : Mr.N.R. Elango, Senior Counsel for Mr.S. Ashok Kumar For R.1 & R.2 : Mr.Hassan Mohamed Jinnah APP For R.3& R.4 : Mr.N. Chandrasekaran Spl.P.P for CBI Cases For intervenor : Mr.S. Xavier Felix https://hcservices.ecourts.gov.in/hcservices/ ORDER Petition is filed seeking a direction to transfer the case in CCB Cr.No.64 of 2009 pending investigation on the file of the 2nd respondent to the file of 4th respondent and also direct the 3rd respondent to monitor the investigation. 2. The petitioner is the complainant in Cr. NO.64/2009 pending on the file of inspector of police, Head quarters, Crime Branch CID, Chennai. This complaint relates to some landed property in TS No.105, 121, 122, 138 to an extent of 11.44 acres of land in Adambakamm village of Kancheepuram District. One Sridharan, a Village Administrative Officer and others have been arrayed as accused . The sum and substance of the complaint is that the accused have created forged documents for the purpose of land grabbing and has corrected the Government records to suit their purpose. It is alleged that the accused have forged the signatures of dead person and obtained planning permission from CMDA. They have also obtained No Objection Certificates from National High Ways Authority and Airport Authority of India. The case has been registered and is pending investigation by the Crime Branch CID Headquarters. 3. The petitioner has now come forward with the present petition to transfer the investigation to the file of Central Bureau of Investigation(CBI). The main ground alleged is that the case involves several government servants from Central and State Government including National Highways Authority of India, Airport Authority of India and CMDA. 4. It is also alleged that the Government documents were forged and submitted to the Government Departments and without verification, NOCs, planning permits and clearance certificates have been issued by several State and Central Government officials. 5. Mr.N.R. Elango, the learned senior counsel would vehemently argue that the present investigating agency viz, CB CID cannot go into a detailed investigation which involves State and Central Government Department and its officials. The learned counsel pointed out that the Central Bureau of Investigation is the authority to investigate the cases in which public servants under the control of Central Government or along with State Government servants are involved. 6. On the contrary, Mr.S. Xavier Felix, the learned counsel for the intervener opposed the transfer of investigation. 7. Mr.Hassan Mohamed Jinnah, learned Additional Public Prosecutor submits that several persons were arrested and the https://hcservices.ecourts.gov.in/hcservices/ investigation is in progress and there is no necessity to transfer the investigation. 8. Mr. N. Chandrasekaran, the learned Special Public Prosecutor for CBI Cases would submit that the CBI would abide by the orders of this court. 9. Heard and perused the materials available on record. 10. On a complaint given by the Director of the petitioner Company, the case in Cr.No.64/2009 for the alleged offence under Sec.120-B, 467, 468 IPC r/w 471, 466 and 420 IPC, has been registered by the Inspector of Police, Head quarters, C.B.C.I.D Chennai. To transfer the investigation to CBI, it is alleged that the accused have forged government documents and have created documents in the name of dead persons and they were able to obtain planning permits, NOC from various Central and State Government Departments and therefore, the investigation has to be done only by CBI. 11. A perusal of the complaint given by the petitioner would show that there are strong allegations that the accused have forged and fabricated documents for the purpose of land grabbing and they have forged the signatures of the dead persons. The grievance of the petitioner is that they are the owners of the lands comprised in TS No.105, 121, 122, 138 to an extent of 11.44 acres of land in Adambakamm village of Kancheepuram District and the main accused, who is a VAO, has entered into a criminal conspiracy with other accused and created false and fabricated documents and alienated the properties. 12. On the face of the complaint, there is no allegation against any of the public servants under the control of Central Government or State Government. I am satisfied with the report of the investigating authority that the investigation is in progress which will unearth the whole truth and therefore, there is no necessity to involve CBI to investigate the matter. 13. In the result, the criminal original petition is dismissed. Consequently, connected MP is closed. However, the 2nd respondent is directed to complete the investigation and file a final report within eight weeks. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar sr https://hcservices.ecourts.gov.in/hcservices/ To 1. The Superintendent of Police CB CID, Head Quarters Chennai 2. The Inspector of Police Crime Branch CID, Headquarters Chennai 3. The Superintendent of Police Central Bureau of Investigation Chennai 4. The Inspector of Police Central Bureau of Investigation Chennai 5. The Public Prosecutor, High Court,Madras 2 cc to Mr.S.Xavier Felix, Advocate, Sr.No.85179, 85191 1 cc to Mr.S.Ashok Kumar, Advocate, Sr.No.85251 Order in Crl.O.P.No.8388 of 2010 MBS {CO} TP/3.12.2010. https://hcservices.ecourts.gov.in/hcservices/