V.Govindaraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4520 of 2022 and Crl.M.P.No.2331 of 2022 V.Govindaraj

...Petitioner/Accused

-Vs1.The State rep by, The Inspector of Police, Town Police Station, Thirupathur, Thirupathur District.

2.The Tahsildar, Thirupathur Taluk, Thirupathur District. ...Respondents/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records relating to F.I.R. No.590 of 2021 from the 1st respondent and quash the same.

For Petitioner :Mr.G.Appavu For R1 :Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 :No appearance.

O R D E R

This Criminal Original Petition has been filed to call for the records relating to FIR No.590 of 2021 from the 1st respondent and quash the same.

2. Learned counsel for the petitioner would submit that the petitioner is a retired Tahsildar. He got retired on 31.01.2008 without any blemishes. However, based on the direction from this Court in W.P.No.21211 of 2010 dated 18.07.2019, the respondent had registered a case in Crime No.590 of 2021 against the petitioner and 7 others for offence under Sections 120B, 167, 420, 468, 471, 477-A of IPC. He would

further submit that this Court while disposing of the W.P.No.21211 of 2010 dated 18.07.2019 had directed the District Collector to conduct an enquiry and take action against the officials who have committed irregularities and file final report before this Court. Whereas, the District Collector without even conducting an enquiry had given a complaint.

3. Per contra, learned Additional Public Prosecutor would submit that enquiry does not mean that the petitioner who is an accused in this case has to be enquired before registering a case. Based on the direction of this Court, enquiry was conducted by the District Collector and he had forwarded the complaint to direct the Tahsildar, Thirupathur Taluk to file a complaint as per the enquiry report. The petitioner, who was working as an Employment Officer during the relevant period of time had colluded and conspired with other officials/accused and by tampering of records and fabrication of documents had selected ineligible persons for the post of Village Assistant. He would further submit that the investigation is at the initial stage and a case has been registered after following the due procedures in accordance with law.

4. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 3rd respondent and perused the materials available on record.

5. It is seen that this Court vide order dated 18.07.2019 had directed the District Collector to conduct an enquiry and take action against the officials. Pursuant to the same, the District Collector had conducted the enquiry and Tahsildar has been directed to file a complaint. This Court does not find any irregularity in registration of the case.

6. This petition is not maintainable. Accordingly, this Writ Petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ham/nr

To 1.The Inspector of Police, Town Police Station, Thirupathur, Thirupathur District.

2.The Tahsildar, Thirupathur Taluk, Thirupathur District.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.G.Appavu, advocate sr 13293.

Crl.O.P.No.4520 of 2022 and Crl.M.P.No.2331 of 2022 NRL(CO) SP(18/03/2022)