HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32834 OF 2014 Date: 06.12.2014 Between :
D.Srinivasa Rao s/o. Subba Rao, Aged about 48 years, R/o.Burrilanka Village, Kadiyam Mandal, East Godavari District and others.
… Petitioners and The Deputy Inspector General of Police, C.B.I.A.C.B., 1-83-21/4, M.V.P. Colony, Sector-B, Visakhapatnam and others.
… Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32834 OF 2014 Grievance of the petitioners is, alleging that they have submitted fraudulent documents while obtaining loans from the State Bank of India and loans were not repaid, State Bank of India filed complaint. R.C.02(A)/2012 was registered by Central Bureau of Investigation (CBI) and investigation was taken up. In the said Crime, first petitioner herein is shown as Accused No.10, second petitioner is shown as Accused No.11, third petitioner is shown as accused No.13 and fourth petitioner is shown as accused No.9. According to the petitioners, subsequently entire loan amount was repaid and having satisfied with the repayment of entire amount due, Bank has addressed a letter dated 14.03.2014 to the CBI to drop the proceedings against the petitioners. However, CBI continued to take up the investigation against the petitioners, which is arbitrary and discriminatory. Hence, this writ petition.
2. Learned counsel for the petitioners submits that it is illegal on the part of the CBI to continue investigation when complaint does not seek to prosecute his complaint insofar as petitioners are concerned.
3. Learned standing counsel representing CBI produced para- wise remarks furnished to him. In para-6 of the remarks, it is clearly stated that after completing the investigation, CBI has filed final report under Section 173 Cr.P.C., before the Court of Principal Special Judge for CBI Cases, Visakhapatnam and CBI has not recommended any action against petitioners. Learned standing counsel also produced the final report. He, therefore, submits that cause in the writ petition does not survive.
4. In page-16 of the final report, the relevant para read as under:
“All the five loans turned to be NPA with a total outstanding of Rs.112.55 lakhs as on 31.01.2012. Subsequently Sri Danduboyina Veera Venkata Satyanarayana Murthy (A.9), Sri Danduboyina Srinivasa Rao (A.10), Sri Danduboyina Subba Rao (A.11), Smt Danduboyina Sujatha (A.12) and Smt Tananki Radhamani (A.13) have repaid all the KCC (ACC) limits including the interest accrued and all other charges to the bank as such the bank has not suffered any monitory loss.
The evidence available on record is not sufficient to warrant prosecution again the above mentioned F.I.R., named delinquent accused persons to substantiate the charges. Hence Sri Danduboyina Veera Venkata Satyanarayana Murthy (A.9), Sri Danduboyina Srinivasa Rao (A.10), Sri Danduboyina Subba Rao (A.11), Smt Danduboyina Sujatha (A.12) and Smt Tananki Radhamani (A.13) were not sent up for trial under this charge sheet. ”
5. Having regard to the statement of respondent CBI in para- wise remarks and content of relevant paras of the final report extracted above, no further orders are required and the writ petition is accordingly disposed of. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 06.12.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO
Writ Petition No.32824 OF 2014
Date: 06-12-2014 kkm