Spl magistrate courts have power to direct CCB: Madras HC

Chennai: The Madras high court held that the special magistrate courts trying cases investigated by Central Crime Branch (CCB) have power to direct the CCB to file FIR.

According to writ petitioner, Dinesh, was engaged in construction business in Chennai. He was allegedly cheated by V. Vijayakumar and Thomas Pandian of Tirunelveli. They duped Dinesh of Rs 1.10 crore on promising to arrange loan of Rs 25 crore for his business.

When he failed to get back money from the duo, Dinesh filed a complaint with CCB. Refusing to file an FIR on his complaint, the CCB suggested he should approach civil court for recovery of money.

Subsequently, Dinesh moved a complaint before the special judicial magistrate for CCB cases, seeking to direct the CCB to file an FIR. However, on January 25 last the magistrate rejected the complaint on ground that the magistrate can direct investigation under section 156(3) of Cr PC only to an officer in-charge of a police station, which falls within the territorial jurisdiction of the court. 

The magistrate held that neither the office of commissioner of police who is in-charge of CCB nor any officer of CCB would be deemed to be officer in-charge of a police station. Justice R. Suresh Kumar said, “the jurisdiction of the magistrate for CCB cases extends throughout the metropolitan area. 

This territorial jurisdiction appears to be co-extensive with the territorial jurisdiction of the CCB. When once the magistrate has power to take cognizance on the final report field by the CCB, they would automatically have power to order investigation.”