P.Pandyarajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024

CORAM

THE HON'BLE MR.JUSTICE VIVEK KUMAR SINGH P.Pandyarajan ... Petitioner Vs.

The Inspector of Police, Vigilance and Anti Corruption, Mayiladuthurai.

Crime No.01 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to Crime No.01 of 2023 on the file of the respondent and quash the same in so far as it relates to the petitioner in concerned.

For Petitioner : Mr.P.Karthikeyan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to call for the records relating to Crime No.01 of 2023 on the file of the respondent and to quash the same.

2.The case of the prosecution is that the petitioner, who is a Village Administrative Officer, had demanded a bribe amount of Rs.2,500/- from the defacto complainant for recommending the patta transfer order and also recommended small farmer certificate for the complainant which was pending with him from 18.10.2023. For which, a trap was laid on 31.10.2023 at the office of Village Administrative Officer, Poraiyar, Tharangambadi Taluk, Mayiladuthurai District. During the trap, the petitioner reiterated his earlier demand and obtained a bribe amount of Rs.2,500/- from the complainant, by abusing his official position. Thereafter, the respondent Police arrested the petitioner and recovered the bribe amount and registered the First Information Report against him.

3. The learned counsel for the petitioner submitted that from the date of suspension from service, no show cause notice was issued to the petitioner and 2/5

he never called upon for preliminary enquiry by the competent authority, which is in violation to the principle of natural justice. Without conducting any proper enquiry, the petitioner was suspended vide Na.Ka.No.3500/2023/B1 dated 01.11.2023. He also submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed to quash the FIR in Crime No.01 of 2023.

4.The learned Government Advocate (crl.side) submitted that the investigation has been completed and Draft Final Report is also ready and awaiting for approval of the same. Hence, there may be a direction to the respondent Police to file a final report by three months. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and also perused the materials available on record.

6.Considering the reasons and the request made by the investigating agency, this Court feels it appropriate to direct the respondent police to file the final report within a period of three months from the date of receipt of a copy of this order.

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7.With the above directions, this Criminal Original Petition is disposed of.

15.07.2024 Index : Yes / No Speaking / Non-speaking vkr To The Inspector of Police, Vigilance and Anti Corruption, Mayiladuthurai.

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VIVEK KUMAR SINGH, J.

vkr 15.07.2024 5/5