← Library
Madras High CourtCRL OP/19259/2020dismissed

G.P.S.Karthick v. The Director Vigilance And Anti-Corruption,

2020-12-16Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 07.12.2020 PRONOUNCED ON : 16.12.2020

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No. 19259 of 2020 G.P.S.Karthick Petitioner vs.

The Director Vigilance and Anti-Corruption No.293, MKN Road Alandur Chennai 600 016 The Deputy Superintendent of Police Vigilance and Anti-Corruption No.45/1, Asha Nagar 2nd Avenue, 40 Feet Road Gandhi Nagar Post Thirupur 641 603 Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to direct the respondent to register a case based on the complaint dated 08.10.2020 given by the petitioner. For petitione Mr. K. Thenrajan For respondents Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking a direction to the respondent to register a case based on the petitioner's complaint dated 08.10.2020.

It is the case of the petitioner that he is an office bearer of a political party by name "Gandhi Makkal Katchi" and that he gave a complaint dated 08.10.2020 to the respondents 1 and 3 against one Ragothaman, District Treasury Officer and has thereafter, preferred the present criminal original petition invoking Section 482 Cr.P.C. seeking a direction as stated above.

This Court carefully perused the petitioner's complaint dated 08.10.2020. In that complaint, the petitioner has made sweeping allegations against Ragothaman, District Treasury Officer, stating that the latter had spent a sum of Rs.50 lakhs for his son's wedding on 06.12.2019. The complaint also alleges that the said officer is demanding bribes from stamp vendors and others. It is not the case of the petitioner that the said officer had demanded bribe from him. 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 guaranteed under Article 21 of the Constitution of India of that person. In the opinion of this Court, the petitioner is a busybody and is attempting to wreak vengeance on the said Ragothaman with an ulterior motive.

In the result, this criminal original petition is dismissed as being devoid of merits, 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.

Sd/- Assistant Registrar(CJ CONF) //True Copy// Sub Assistant Registrar cad To The District Collector Tiruppur District The Director Vigilance and Anti-Corruption No.293, MKN Road Alandur Chennai 600 016 The Deputy Superintendent of Police Vigilance and Anti-Corruption No.45/1, Asha Nagar 2nd Avenue, 40 Feet Road Gandhi Nagar Post Thirupur 641 603

The Public Prosecutor Madras High Court Chennai 600 104

5. The Revenue Recovery Officer, Tiruppur.

+1cc to M/s.K.Thenrajan, Advocate, S.R.No.39386 Crl.O.P. No. 19259 of 2020 RP(CO) KKV/06/01/2021