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Madras High CourtCRL OP/22853/2021closed

M.Arun Prakash v. State Rep.By Its

2022-03-07Honourable Mr Justice G. Chandrasekharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM

THE HONOURABLE THIRU JUSTICE G.CHANDRASEKHARAN Crl.O.P.Nos.22853 and 22214 of 2021 Crl.O.P.No.22853 of 2021 M.Arun Prakash

...Petitioner

vs State rep by its The Deputy Superintendent of Police/Inspector of Police, Vigilance and Anti-Corruption Unit, Ariyalur District, Ariyalur

...Respondent

Crl.O.P.No.22214 of 2021 1.M.Selvaraj 2.T.Janakiraman

...Petitioners

vs

1. M.Arun Prakash

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Ariyalur Detachment, Ariyalur District

...Respondents

Crl.O.P.No.22853 of 2021: Petition filed under Section 482 of Cr.P.C to register the complaint pursuant to the order passed in Crl.M.P.No.325 of 2021 dated 13.09.2021 on the file of Chief Judicial Magistrate, Ariyalur.

Crl.O.P.No.22214 of 2021: Petition filed under Section 482 of Cr.P.C to call for the entire records pertaining to the order in Crl.M.P.No.325 of 2021 dated 30.09.2021 on the file of Chief Judicial Magistrate, Ariyalur and quash the same. For Petitioner in Crl.O.P No.22853 of 2021 :

Mr.V.Illanchezian For Petitioner in Crl.O.P No.22214 of 2021 :

Mr.K.Prabakar For Respondent in Crl.O.P.

No.22853 of 2021 & :

Mr.E.Raj Thilak R.2 in Crl.O.P.No.22214 Addl.Public Prosecutor of 2021

COMMON O R D E R Crl.O.P.No.22853 of 2021 is filed to register the complaint pursuant to the order passed in Crl.M.P.No.325 of 2021 dated 13.09.2021 on the file of Chief Judicial Magistrate, Ariyalur. Crl.O.P.No.22214 of 2021 is filed to quash the proceedings in Crl.M.P.No.325 of 2021 pending on the file of Chief Judicial Magistrate, Ariyalur.

2.One M.Arun Prakash has filed a complaint before the learned Chief Judicial Magistrate, Ariyalur against ten persons alleging that patta was issued to the wrong persons without there being any right.

3.On the basis of the complaint, the learned Chief Judicial Magistrate has forwarded the complaint under Section 156(3) of Criminal Procedure Code to the Deputy Superintendent of Police/Inspector of Police, Vigilance and Anti Corruption Unit, Ariyalur District with a direction to register a case and to investigate the matter and to submit a Report. 4.When the matter is taken up today, learned Additional Public Prosecutor filed a Report from the Directorate of Vigilance and Anti-Corruption, Chennai-16 stating that the enquiry conducted by the respondent reveals that there is no material to register a case against the accused named in the complaint and therefore, suggested that further action may be dropped.

5.In view of the report filed by the Directorate of Vigilance and Anti-Corruption, both the Criminal Original Petitions are closed. The petitioner in Crl.O.P.No.22853 of 2021 is at liberty to seek appropriate remedy in the manner known to law.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sr To

1. The Chief Judicial Magistrate, Ariyalur

2. The Deputy Superintendent of Police, Inspector of Police, Vigilance and Anti-Corruption Unit, Ariyalur District, Ariyalur.

3. The Deputy Superintendent of Police, Vigilance and Anti-corruption, Ariyalur District, Ariyalur.

+1cc to Mr.K.Prabakar, Advocate, S.R.No.14894 Crl.O.P.Nos.22853 and 22214 of 2021 JP(CO) RGA(18/03/2022)