M.Manimaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN CRL.O.P.No.7930 of 2022 M.Manimaran ... Petitioner Vs.

State:

Superintendent of Police, Vigilance & Anticorruption, No.271, M.G.Road, Muthialpet, Puducherry - 605003.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to register the complaint dated 09.06.2020.

For Petitioner : Ms.H.Mubena Almas For Respondent : Mr.V.Balamurugane Public Prosecutor, Puducherry.

ORDER

This Criminal Original Petition is filed to direct the respondent to register the complaint dated 09.06.2020. 2.The learned counsel for the petitioner submitted that she preferred a complaint dated 09.06.2020 to the respondent with regard to the corruption charges against 1) Mr.Jayakumar, the Commissioner of Mannadipet Commune Panchayath, Thirubuvanai, Puducherry and 2)Mr.Anbazhagan, Assistant to the Commissioner of Mannadipet Commune Panchayath, Thirubuvanai. 3.It is alleged that both these persons had caused wrongly loss to the Government of Puducherry by their corrupt activities in granting license to the industries. They had shown the list of only 33 industries in their jurisdiction, though there are lot of industries functioning. Therefore, a complaint was given to the respondent, but no action was taken on the basis of her complaint dated 09.06.2020. Therefore this petition.

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4.When the matter is taken up, the learned Public Prosecutor, Puducherry submitted that the respondent had not received any complaint dated 09.06.2020 from the petitioner nor any information was sought under the RTI Act and information furnished.

5.A perusal of the typedset of papers shows that the complainant had only sent the complaint to the Chief Vigilance Officer, Secretariat, Puducherry on 09.06.2020, making allegations against the aforesaid persons. There is no material produced to show that the complaint was sent to the respondent. Therefore, in the absence of any complaint dated 09.06.2020 sent to the respondent, the petitioner cannot seek a direction to the respondent to register the complaint dated 09.06.2020.

6.In this view of the matter, this Court finds no merit in this petition and this petition is dismissed. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar sli To 1.The Superintendent of Police, Vigilance & Anticorruption, No.271, M.G.Road, Muthialpet, Puducherry - 605003.

2.The Public Prosecutor , Puducherry.

+2ccs to M/s.H.Mubena Almas, Advocate SR. No. 25007 CRL.O.P.No.7930 of 2022 RK (CO) PR (29/04/2022) https://hcservices.ecourts.gov.in/hcservices/