WP.Nos.5466 & 5470 of 2020
telephone records are illegal and it was carried out without any sanction
whatsoever and in arbitrary manner. Based on the aforesaid order of
interception, the petitioners’ telephone conversation have been tapped and in
pursuant to which a criminal case was registered as against the petitioners and
the same has been culminated in trial in CC.No.25 of 2016 on the file of the IX
Additional Session Special Judge for CBI cases, Chennai, in which the
petitioners are arrayed as A4 and A5. Thereafter, the respondent also lodged
complaint under form I of the Chartered Accounts Act, 1949. On receipt of the
complaint, the Institute of Chartered Accounts of India issued letter dated
26.09.2016. Therefore, the implication of the criminal case against the
petitioners herein based on the illegal and unconstitutional impugned order is
immense and tantamount to an abuse of process of court and law. The
petitioners have been harassed with criminal proceedings based on the illegal
records and as such the consequential proceedings cannot be allowed to carry
on in the absence of a conclusive determination regarding the illegality of the
impugned order.
5.
Per contra, Mr.K.Srinivasan, the learned Special Public
Prosecutor filed counter and submitted that the order impugned in this writ
petition was made with complete application of mind taking into consideration
http://www.judis.nic.in
6/22