CENTRAL BUREAU OF INVESTIGATION Vs. M. SIVAMANI

JUDGEMENT

(1.) These appeals have been preferred against Order dated 16th October, 2015 of the High Court of judicature at Madras in Criminal Revision Case No.2 of 2009 and M.P. No.1 of 2009. The High Court has quashed the proceedings against the respondent in C.C. No.15 of 2007 pending before the Additional Special Judge for CBI cases, Chennai.

(2.) Facts stated in the charge sheet filed by the appellant-CBI against the respondent are that a claim petition was filed before the Motor Accident Claims Tribunal (MACT), Cuddalore seeking compensation of Rs.22,00,000/- for death of Mohamed Farooque in a road accident on 11th October, 2002. The MACT partly upheld the claim and awarded Rs.14,97,000/-. On appeal of the National Insurance Company (Insurance Company), the Madras High Court ordered investigation by CBCID into the allegation that the claim was false. After investigation, the CBCID filed charge sheet. The matter was later taken over by CBI under the directions of the Madras High Court which led the CBI to file the impugned charge sheet under Sections 120-B r/w 182, 420, 468, 468 r/w 471 IPC and 13(2) r/w 13(i)(d) of Prevention of Corruption Act, 1988 r/w 511 IPC against A1 to A9. The respondent is A-5. According to the CBI, the Insurance Company was cheated by A-1 by making false claim in connivance with the other accused. Mohamed Farooque sustained injuries by falling on his own from a scooter and not in accident as alleged. Different accused were given different roles in conspiracy. The role given to the respondent, who is an advocate, is of misrepresentation and producing false evidence, knowing the true facts.

(3.) During pendency of proceedings on the charge sheet, the respondent moved a petition pleading bar under Section 195(1)(a)(i) CrPC by submitting that cognizance in respect of offence under Section 182 IPC could not be taken except "on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. " Charge sheet by CBI was not such a complaint. The trial court dismissed the petition.