Madras High CourtCRL RC/847/2009closed

M.S.Saikumar v. V.Vallavan

2015-07-07Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07-07-2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Crl.R.C. No. 847 of 2009 and M.P.No. 1 of 2009 M.S.Saikumar .. Petitioner/Complainant

Versus

1.V.Vallavan The Director Local Administration Department 2.G.Chandra Rao The Chairman Yanam Municipality Yanam.

3.N.Apparao The Commissioner Yanam Municipality Yanam.

4.Malladi Krishna Rao The Then Minister for Tourism & Local Administration Presently, Minister for Tourism .. Respondents/Accused Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against the order dated 27.07.2009 passed in Special C.C.No.7 of 2008 on the file of the Special Judge under the Prevention of Corruption Act/Principal Sessions Judge at Puducherry dated 27.07.2009.

For Petitioner :

Mr.V.Elangovan For Respondents :

Mr.Sankara Subbu for Mr.P.Sathish for R.1 to R.3 Mr.T.P.Senthilkumar for R.4

ORDER

This Criminal Revision Case is filed against the order dated 27.07.2009 passed in Special C.C.No.7 of 2008 on the file of the Special Judge under the Prevention of Corruption Act/Principal Sessions Judge at Puducherry dated 27.07.2009.

2. The petitioner/complainant has preferred a complaint alleging that the public fund was misused by the respondents, thus, they committed the offences punishable under Section 13(1)(d)(i)(ii) (iii) of the Prevention of Corruption Act and under Sections 166, 406, 409 IPC. The case was tried by the Special Judge under the Prevention of Corruption Act at Puducherry in Special C.C.No.7 of 2008. The learned Special Judge ultimately found that the allegations levelled against the respondents are false. Hence, the learned Special Judge ultimately held that the complainant has committed the offences under Sections 191 IPC r/w. 193 Part I IPC and U/s. 199 r/w. 193 Part I IPC, for which, he has to be prosecuted. It was further held that there is no sufficient materials to hold that the accusation against the accused has some base and to proceed further and hence, the complaint given by the complainant was dismissed.

3. Today, when the matter is taken up, the learned counsel appearing for the petitioner/complainant submitted that the petitioner will not make any further offensive statement or any unnecessary complaint against the respondents, for which, the respondents agree. Both sides agreed that recording the above statement, the revision itself may be closed.

4. Recording the above statement that the petitioner will not make any further offensive statement or any unnecessary complaint against the respondents, this Criminal Revision Case is closed. Consequently, connected Miscellaneous Petition is closed. -s/dAssistant Registrar(CsIV) dt:31/07/2015 True Copy Sub-Assistant Registrar paa To 1.The Director Local Administration Department

2.The Chairman Yanam Municipality Yanam.

3.The Commissioner Yanam Municipality Yanam.

4.The Minister for Tourism 5.The Special Judge under the Prevention of Corruption Act /Principal Sessions Judge at Puducherry +1 cc to Mr.T.P.SenthilKumar, Advocate sr.34521 +1 cc to Mr.S.Doraisamy Advocate sr.34247 Crl.R.C. No. 847 of 2009 sr(co) aa3/08/2015