R.K.Ayyappan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 07.12.2020 PRONOUNCED ON : 11.12.2020

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.19257 of 2020 R.K. Ayyappan Petitioner vs.

The Director Directorate of Vigilance & Anti-Corruption Alandur Chennai 600 016 The Additional Superintendent of Police Vigilance and Anti-Corruption Chennai 600 016 The Deputy Superintendent of Police Vigilance and Anti-Corruption Thiruvarur District Thiruvarur Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the second respondent to register the petitioner's complaint dated 22.05.2020.

For petitioner Mr. R. Jayaprkash For respondents Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking a direction to the second respondent to register the petitioner's complaint dated 22.05.2020.

The petitioner is a practising advocate. He obtained certain information under the Right to Information Act, 2005, from the Thiruthuraipoondi Municipality with regard to allotment of plots to various persons from 2011 and also about the service particulars of various Commissioners of the Municipality, including the assets declared by them. Thereafter, the petitioner gave a complaint dated 22.05.2020 to 11 officials and has thereafter, filed the instant petition seeking a direction to the police to register an FIR based on his complaint.

Heard Mr. R. Jayaprakash, learned counsel for the petitioner and Mrs. P. Kritika Kamal, learned Government Advocate (Crl. Side) appearing for the respondents. This Court perused the complaint given by the petitioner and found that it contains sweeping allegations against the Municipality officials. It does not disclose the commission of a cognizable offence in particular for the police to register an FIR and proceed with the investigation under Chapter XII, Cr.P.C.

At this juncture, apposite it is to point out that in Secretary, Minor Irrigation Vs. Sahngoo Ram Arya1, the Supreme Court has clearly held that a police investigation cannot be initiated to find out whether a person has committed an offence or not as that would amount to violation of right to life under Article 21 of the Constitution of India of that person. In this case, the petitioner appears to be a busybody and is attempting to use the judicial system with an ulterior motive. In the result, this criminal original petition is dismissed with costs of Rs.50,000/- payable to the Chief Minister's Public Relief Fund within a period of two weeks from the date of receipt of a copy of this order, failing which, the amount can be recovered from the petitioner under the Revenue Recovery Act.

4. The Secretary to Government, Chief Minister's Public Relief Fund, Secretariat, Fort saint George, Chennai.

(2002) 5 SCC 521

The Public Prosecutor Madras High Court Chennai 600 104 +1cc to Mr.R.Jayaprakash, Advocate in SR.NO..40664 order in Crl.O.P. No. 19257 of 2020 SSI(CO) RV(05/01/2021)