Balakrishnan, v. State:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2018

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.21320 of 2018 Balakrishnan ... Petitioner Vs The State, represented by The Inspector of Police Vigilance & Anti Corruption Salem, Salem District.

... Respondent PRAYER: Criminal Original Petition filed under section 482 of Cr.P.C., directing the respondent police to file a final report against the accused persons in Crime No.9/AC/2018. For Petitioner : Mr.G.Punniakoti For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

The petition has been filed by the petitioner to direct the respondent police to file a final report against the accused persons in Crime No.9/AC/2018.

2. The learned counsel for the petitioner would submit that the petitioner had given a complaint on 07.04.2017 to 1) The Registrar of Co-operative Societies, 2) The Director of Vigilance and Anti Corruption and also, 3) The Deputy Superintendent of Police, Vigilance and Anti Corruption in respect of misappropriation done in Kethunaickanpattipudur Agricultural society in respect of grant of loan to Mulberry growers. He would submit that originally, one Rajini had given a complaint during the year 2016 and based on that an enquiry was conducted and the enquiry report was sent to the Director of

Vigilance and Anti Corruption department. He would further submit that since no action was taken, he had filed a Writ petition in W.P.No.17367 of 2017 before this Court and this Court had directed the respondent to register a FIR. He would further submit that based on the direction, a FIR has been registered on 23.03.2018. However, till date, the respondent has not completed the investigation.

3. The learned Additional Public Prosecutor would submit that on information the respondent had suo-motu taken the complaint on 23.03.2018 and the case has been registered in Crime No.9/AC/2018 for the alleged offences under Sections 13(2) r/w 13(1)(c)(d) of PC Act 1988 r/w 109 of IPC, 120(B), r/w 167, 409, 420, 477(4) of IPC. He would submit that investigation is going on in the proper angle. He would further submit that as per the complaint investigation has to be carried in respect of 350 loan transactions and the petitioner has to examine all the witnesses connected with the processing of the loans and granting of loans and it would take considerable time. He would further submit that investigation is going on in a proper manner and they will be able to complete the investigation and file a final report as expeditiously as possible.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels and that the case has been registered on 23.03.2018 and that investigation has to be conducted in respect of 350 loan transactions, this Court feels that some reasonable time has to be given to the respondent for completing the investigation.

5. In the result, the petition is allowed and the respondent is directed to complete the investigation and file a final report as expeditiously as possible.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Additional Public Prosecutor for V & AC Cases, High Court, Chennai-104.

2. The Inspector of Police Vigilance & Anti Corruption Salem, Salem District.

+1cc to Mr.G.Punniyakotti, Advocate, S.R.No.64082 Crl.O.P.No.21320 of 2018 CA(CO) GSP(03/10/2018)