K.Pandirajan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH

1. K.Pandiarajan

2. P.Chitra

3. P.A.Sivashankarai

...Petitioners

Vs.

1.The Deputy Superintendent of Police Vigilance and Anticorruption Chennai Division - IV Chennai.

...Respondent

Prayer: Criminal Revision is filed Under Section 397 r/w.401 Cr.PC to set aside the judgment made in Crl.MP.No.1041 of 2023 in CR.No.03/AC/2018/CC-IV on the file of the Special Court for the cases under Prevention of Corruption, Chennai dated 25.09.2023 and order to return the property as mentioned in schedule of property as per the inventory Mahazar serial numbers 35, 40, 42, 47 to 51 and 64 to 68, 69 and 71 to 81 (Except Sl.No.78) under section 451 Cr.PC. For Petitioners : Mr.C.S.S.Pillai For respondent : Mr.S.Santhosh, Govt Adv.(Crl.side)

O R D E R

This criminal revision has been filed to set aside the judgment made in Crl.MP.No.1041 of 2023 in CR.No.03/AC/2018/CC-IV passed by the Special Court for the cases under Prevention of Corruption, Chennai dated 25.09.2023 and order to return the property as mentioned in schedule of property as per the inventory Mahazar serial numbers 35, 40, 42, 47 to 51 and 64 to 68, 69 and 71 to 81 (Except Sl.No.78) under section 451 Cr.PC.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side) appearing for the State.

3. When the revision is taken up for hearing, the learned Government Advocate (criminal side) would submit that the disciplinary proceeding is pending before the Additional Chief Secretary/Chairman and Managing Director, Tamil Nadu Generation & Distribution Corporation Limited, Chennai - 2, against the petitioners and seeks three months time to conclude the disciplinary proceedings. It is further submitted that the criminal action against the petitioners has been dropped

and all the instruments which are in the possession of the Court will be handed over to the petitioners.

4. In the meanwhile, the learned counsel for the petitioners undertakes that the petitioners will file an affidavit of undertaking to the effect that the property/documents which are in the custody of the Court will not be alienated in any manner or whatsoever nature.

5. Considering the submissions made on either side and also taking notice of the fact that the criminal action has been dropped as against the petitioners, this Court directs the disciplinary authority shall conclude the enquiry/disciplinary proceedings against the petitioners within a period of three months from the date of receipt of a certified copy of this order and also the Court concerned shall handover the items mentioned in Inventory Mahazar Sl.Nos.35, 40, 42, 47 to 51, 64 to 69, and 71 to 77 and 79 to 81 to the petitioners, after obtaining due affidavit of undertaking from the petitioners.

6. With the above directions, the criminal revision is disposed of. 05.06.2024 tsh Internet : Yes

Index : Yes Speaking order : Yes / No To The Special Court for the cases under Prevention of Corruption, Chennai.

VIVEK KUMAR SINGH, J.

tsh 05.06.2024