P.Karl Marx v. The Director Of Vigilance And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.7127 of 2015 P.Karl Marx .. Petitioner -Vs1.The Director of Vigilance and Anti-corruption No.NCB 21 and 26 P.S.Kumarasamy Raja Salai Raja Annamalai Puram Chennai-600 028.

2.D.S.P., Vigilance and Anti-corruption Chennai City II Detachment (FAC) CC-IV Detachment Nandanam, Chennai-35.

3.The Commissioner of Police Vepery, Chennai-7.

4.The Director General of Police Santhome, Chennai-4.

.. Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent to secure the accused involved in Cr.No.1/AC/2013/CC-IV, pending on the file of the 2nd respondent under Sections 8 and 10 of the Prevention of Corruption Act.

For Petitioner : Mr.P.Karl Marx (Party in person) For Respondents : Mr.V.Arul Govt. Advocate (Crl.side)

O R D E R

The petitioner has come forward with this petition for direction to the second respondent to secure the accused involved in Cr.No.1/AC/2013/CC-IV, pending on the file of the 2nd respondent under Sections 8 and 10 of the Prevention of Corruption Act.

2.The petitioner/party-in-person, who is an Advocate submitted that he has given a complaint on 26.03.2011, but no case has been registered. Hence, the petitioner has filed a petition in Crl.O.P.No.10301 of 2011 before this Court to register a case. As per the direction of this Court dated 10.07.2013, case has been registered. But the respondents are not shown any interest in investigating the matter and to file final report. Since the respondents have not examined the witnesses and not arrested the accused, the petitioner has come forward with this petition seeking the above direction.

3.Learned Government Advocate (Crl.side) submits that investigation is over and they are going to file a final report. 4.Heard the petitioner/party-in-person as well as the learned Government Advocate (Crl.side).

5.Considering the aforestated circumstances of the case, in pursuance of the order of this Court dated 10.07.2013 in Crl.O.P.No.10301 of 2011, case has been registered in Cr.No.1/AC/2013/CC-IV on the basis of the petitioner's complaint. But this petition is filed for the following relief: "Issue appropriate directions to the second respondent to secure the accused involved in Cr.No.1/AC/2013/CC-IV, pending on the file of the 2nd respondent under Sections 8 and 10 of the Prevention of Corruption Act. "

6.It is well settled dictum of the Apex Court that the Court cannot interfere with the investigation. Furthermore, according to the learned Government Advocate (Crl.side), investigation is over and they are going to file a final report.

7.Recording the above said submission made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed.

kj s/d- Assistant Registrar(CS-III) Dt:30/3/2015 True Copy Sub-Assistant Registrar

To 1.The Director of Vigilance and Anti-corruption No.NCB 21 and 26 P.S.Kumarasamy Raja Salai Raja Annamalai Puram Chennai-600 028.

2.D.S.P., Vigilance and Anti-corruption Chennai City II Detachment (FAC) CC-IV Detachment Nandanam, Chennai-35.

3.The Commissioner of Police Vepery, Chennai-7.

4.The Director General of Police Santhome, Chennai-4.

5.The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.P.karl Marx, Advocate SR 16302 + 1 cc to Public Prosecutor, High Court, Madras SR 16574 sr(co) prk31/3 Crl.O.P.No.7127 of 2015