M. SIVAMANI Vs. STATE

JUDGEMENT

(1.) THIS criminal revision case has been directed against the order dated 25 -11 -2008 passed in Crl.M.P. No. 1333 of 2008 in C.C. No. 15 of 2007 by the Additional Special Judge for CBI cases, Chennai.

(2.) THE case of the prosecution is that a false complaint with regard to road traffic accident has been lodged in Neyveli Township Police Station. The deceased has himself fallen down from his Scooter which resulted in his death. But in the complaint it has been falsely stated that the deceased (scooterist) has been hit by an auto rickshaw bearing registration No. TN 31 -Y -2806. The driver of auto rickshaw has pleaded guilty in respect of the charges framed under Section 304(a) and 279, IPC before the concerned criminal court and thereby, suffered punishment. The dependants of the deceased have filed a false claim Motor Accidents Claims Tribunal, Cuddalore in M.C.O.P. No. 282 of 2003. In the said petition, witnesses have been examined and an award has been passed and subsequently, the same has been set aside by way of holding that claim is false. The further case of the prosecution is that the accused are parties to the aforesaid fraudulent acts.

(3.) IT is averred in the petition that the petitioner has been arrayed as A5 in C.C. No. 15 of 2007, wherein all the accused have been charged under Sections 120 -B read with 182, 420, 468 read with 471 and 511, IPC and also under Sections 13(2) and 13(1)(d) of Prevention of Corruption Act, 1988. Further it is averred in the petition that before taking cognizance, mandatory provisions of Section 195(1)(a) and (b) of the Code of Criminal Procedure, 1973 has not been followed. Under the said circumstances, the present petition has been filed for getting the relief sought therein.