Mr.Balasingham v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Balasingham ... Petitioner -Vs1.The State rep.by its Deputy Superintendent of Police Nilgiris District.

2.The Director Vigilance and Anti Corruption No.293, MKN Road Alandur, Chennai - 600 016.

(Cr.No.7 of 2024) ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the 2nd respondent to enquire the complaint dated 29.04.2025 and direct the 1st respondent to investigate the FIR No.7 of 2024 and give the proper final report and pass such further or other orders. For the petitioner : Mr.Abdul Rahman For the respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor Page No.1 of 4

ORDER

This Criminal Original petition is filed to direct the respondents to enquire the complaint dated 29.04.2025 and direct the 1st respondent to investigate the First Information Report No. 7 of 2024, and submit the proper final report and to pass such further or other orders.

2. When the matter came up for hearing, the learned Additional Public Prosecutor would submit that there was a surprise check, during which an extra amount of cash was found and the petitioner was one of the witnesses in the case. Therefore, now from the contents of the representation dated 29.04.2025, it can be seen that the petitioner wants to retract from his earlier statement. The representation only prays to leave him out of the case. If the petitioner is a witness, he cannot be left out. Such a prayer can be made if only he is an accused. The petitioner is not an accused in Crime No. 7 of 2024.

3. As far as the prayer to complete the investigation is concerned, already in a connected Crl.O.P No. 8901 of 2025, this Court has directed the respondent therein to complete the investigation expeditiously within a period of six months. Therefore, that direction has already been granted by this Court. Page No.2 of 4

4. In view thereof, the prayers in the Criminal Original Petition cannot be countenanced and as such stands dismissed. 20.06.2025 Jer To 1.The Deputy Superintendent of Police Nilgiris District.

2.The Director Vigilance and Anti Corruption No.293, MKN Road Alandur, Chennai - 600 016.

3.The Public Prosecutor High Court of Madras.

Page No.3 of 4

D.BHARATHA CHAKRAVARTHY. J, Jer 20.06.2025 Page No.4 of 4