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Madras High CourtCRL OP/24882/2017dismissed

Arjunan, 57 Years v. The Director

2017-11-17Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2017

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24882 of 2017 Arjunan .. Petitioner Vs.

1. The Director Directorate of Vigilance & Anti Corruption, No. 295, M.K.N.Road, Alandur, Chennai - 600 016

2. The Deputy Superintendent of Police, Vigilance & Anti Corruption Wing, Cuddalore, Cuddalore District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order of direction, directing the respondents to consider the representation of the petitioner dated 25.10.2017 and look into the allegations in accordance with law to secure the ends of Justice.

For Petitioner :

Mr.M.Velmurugan For Respondents:

Mr.K.Srinivasan Special Public Prosecutor.

ORDER

It is unfortunate to note that strange petitions are filed before this Court under Section 482 Cr.P.C seeking direction to register complaint without any cause of action or material particulars. This petition is one such case where the petitioner is alleged to have given a complaint on 25.10.2017 to the Director, Vigilance & Anti Corruption, Chennai and has filed the present petition to issue direction to the respondents to consider his petition.

2. The learned counsel for the petitioner in order to convince this Court that these sort of petitions are entertained, submitted the order copy passed in Crl.O.P.No.3137 of 2017 dated 13.02.2017.

https://hcservices.ecourts.gov.in/hcservices/

3. The order copy submitted by the learned counsel for the petitioner has no relevance to the case on hand. This Court is unable to understand why when the Code of Criminal Procedure has laid down specific procedures to entertain complaints by the investigating agency and if the agency fails to act upon, then the alternative procedures are stated, suppressing and surpassing those Procedures, Section 482 Cr.P.C is invoked without exhausting the said procedures? This Court on an earlier occasion has passed a detailed order dated 13.02.2017 pointing out under what circumstances and under what condition a direction to register a complaint, can be ordered under Section 482 Cr.P.C. by High Courts. This Court does not want to deviate the law and said precedent. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar msrm/sts To

1. The Director Directorate of Vigilance & Anti Corruption, No. 295, M.K.N.Road, Alandur, Chennai - 600 016

2. The Deputy Superintendent of Police, Vigilance & Anti Corruption Wing, Cuddalore, Cuddalore District.

3. The Public Prosecutor, Madras High Court.

Crl.O.P.No.24882 of 2017 GN(27/12/2017) https://hcservices.ecourts.gov.in/hcservices/