Karnataka High Court
Vijayaraj Surana vs Superintendent Of Police on 25 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:16663
CRL.P No. 4006 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4006 OF 2024
BETWEEN:
VIJAYARAJ SURANA,
S/O LATE UDAIRAJ SURANA,
AGED ABOUT 60 YEARS,
FORMER PROMOTER AND MANAGING
DIRECTOR OF SURANA CORPORATION LTD.,
R/AT NO.6, NATHAN STREET,
HARRINGTON ROAD,
CHETPET,
CHENNAI - 600 031,
AND PRESENTLY UNDER JUDICIAL CUSTODY,
CONFINED AT CENTRAL PRISON -II, PUZHAL
...PETITIONER
(BY SRI K. RAGHAVACHARYULU, ADVOCATE FOR
Digitally SRI. MOHAMED RIZWAN AHAMED, ADVOCATE)
signed by
PAVITHRA N
AND:
Location:
High Court
of Karnataka
1. SUPERINTENDENT OF POLICE
BS AND FB BANGALORE,
CENTRAL BUREAU OF INVESTIGATION,
36, BELLARY ROAD, 2ND FLOOR,
CBI COMPLEX, GANGANAGAR,
BENGALURU - 560 032,
REP. BY SPL.PP, CBI,
BANGALORE.
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CRL.P No. 4006 of 2024
2. STATE BANK OF INDIA
REPRESENTED BY ITS ASSISTANT GENERAL
MANAGER,
RED CROSS BUILDING,
NO.32, MONTIETH ROAD,
EGMORE,
CHENNAI - 600 008.
...RESPONDENTS
(BY SRI. PRASANNA KUMAR P., ADVOCATE FOR R1;
SRI. R. RANGASWAMY, HCGP FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE SAME AS QUASH BY THE HONBLE COURT IN
CRL.P.NO.5333/2023 C/W CRL.P.NO.5354/2023 VIDE ITS
JUDGMENT DATED 15.04.2024 IN FIR IN RC0782020E0006
DATED 08.10.2020 REGISTERED FOR THE OFFENCE P/US/
13(2) R/W SEC.13(1)(d) OF PREVENTION OF CORRUPTION ACT
1988 AND SEC.120(b) R/W SEC.420,468,471 OF IPC PENDING
BEFORE THE Ist RESPONDENT CBI CB AND FB BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:16663
CRL.P No. 4006 of 2024
ORDER
Learned counsel for the petitioner submits that the
point that arises for consideration in this petition has been
already considered in detail by this court in
Crl.P.No.5333/2023 connected with Crl.P.No.5354/2023
disposed on 15.04.2024 and therefore, the petition may
be disposed of in terms of the said order.
2. Mr.Prasanna Kumar, learned counsel appearing
for the respondent does not dispute the submission made
by learned counsel for the petitioner.
3. The petitioner herein is before this court
seeking for the following reliefs:
(a) Call for the records relating to FIR in
RC0782020E0006 dated 08.10.2010,
registered for the offence punishable under
Section 13(2) read with 13(1)(d) of
Prevention of Corruption Act, 1988 and
Section 120(b) read with 420m 468, 471 of
Indian Penal Code, pending before the 1st
respondent CBI, BS & FB, Bangalore, herein
and quash the same, as quashed by this
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Hon'ble court in Crl.P.No.5333/2023 c/w
Crl.P.No.5354/2023 vide its judgment dated
15.04.2024.
(b) Pass any such further or other order or
orders as this Hon'ble court may deem fit
and roper in the circumstances of the case
and thus render justice.
4. The following points were considered by this
court in Crl.P.No.5333/2023 and Crl.P.No.5354/2023:
(i) The offences alleged to have been committed within the
State of Tamil Nadu, whether this court has territorial
jurisdiction to examine the validity of the impugned FIR?
(ii) Whether the respondent - CBI is divested of its power
to investigate the aforesaid offences in view of specific
provision contained in Section 12 of the Companies Act,
2013?
The aforesaid points have been answered
affirmatively and this court has held that registration of
FIR subsequently by CBI for the allegations, which was
already investigated by the Serious Fraud Investigating
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Authority cannot be sustained. This petition is therefore
disposed of in terms of the order passed by coordinate
bench of this court in Crl.P.No.5333/2023 connected with
Crl.P.No.5354/2023 disposed of on 15.04.2024.
Accordingly,
(i) The criminal petition is allowed.
(ii) The FIR in RC0782020E0006 dated
08.10.2010 offence punishable under
Section 13(2) read with 13(1)(d) of
Prevention of Corruption Act, 1988 and
Section 120(b) read with 420m 468, 471
of Indian Penal Code, pending before the
1st respondent CBI, BS & FB, Bangalore
is quashed.
(iii) The respondent No.1 - CBI is at liberty
to place the information / documents
collected during the course of
investigation with the SFIO in the
pending proceedings before the Special
Court.
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In view of the disposal of the matter, pending
application stands disposed of.
Sd/-
JUDGE
SS
