S. MURUGA GANESAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This pro bono has been filed by the petitioner, who is not only a practising Lawyer, but also a party functionary, seeking a writ of mandamus directing the respondents, especially, the third respondent, to transfer the investigation in Crime No.1 of 2019 pending on the file of the ninth respondent either to CBI or any other independent agency or to a Monitoring Committee headed by a retired Judge of this Court.

(2.) The case has been registered in Crime No.1 of 2019 on the file of the 'Q' Branch CID, based upon the information obtained that passports have been obtained using fake documents, for the offence under Sections 120(B), 420, 465, 468 and 471 IPC r/w Sections 12(1 A)(a), 12(lA)(b) and 12(2) of the Passport Act, 1967. The sum and substance of the factum, as could be seen from the case registered, is that the named accused persons, with the connivance of others, obtained passports with fabricated documents, as if the holders belong to this Country, though they belong to the neighboring Countries.

(3.) The learned Counsel appearing for the petitioner submitted that in view of the above and since there is no progress, the investigation will have to be transferred. On a query raised by this Court as to why, for such a prayer, the named respondents, who were holding official position at the relevant point of time starting from the Station House Officer to the top most officer, are arrayed as parties, the learned Counsel submitted that inasmuch as the offence having taken place during their tenure of service, they are added accordingly.