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Madras High CourtCRL OP/25665/2019dismissed

X.Gerald v. The Deputy Superintendent Of Police,

2019-11-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 21.10.2019 PRONOUNCED ON : 04.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.25665 OF 2019 X.Gerald ... Petitioner Vs.

The State represent by, Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City-III, Chennai-600 016.

... Respondent PRAYER :

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to complete the investigation and file final report in Crime No.01/AC/2018/CC-V.

For Petitioner :

Mr.X.Gerald [Party in Person] For Respondent :

Mr.M.Prabhavathi, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent Police to complete the investigation and file a final report in Crime No.01/AC/2018/CC-V. 2.The petitioner/defacto complainant is an advocate, on his complaint a case in Crime No.01/AC/2018/CC-V came to be registered for the offence under Sections 120-B, 420, 467, 468 of IPC and Section 13(2) r/w 13(1) of the Prevention of Corruption Act, 1988 on 22.03.2019 against the former Vice Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai and five others. A preliminary enquiry was conducted and as a result, the former Vice Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai and five others misused their official position and admitted ineligible students under NRI quota category-III, forged students attendance and allowed them to https://hcservices.ecourts.gov.in/hcservices/

write their examinations and committed malpractices in examination paper valuation, misappropriated the government fund and thereby made pecuniary advantages for themselves during the period between 2014-2015 and 2016-2017 came to be investigated. The petitioner's prayer is to direct the respondent to complete the investigation and to file the final report in the above said crime.

3.The learned Additional Public Prosecutor appearing on behalf of the respondent filed a status report and submitted that initial preliminary enquiry was conducted, registered a case in Crime No.01/AC/2018/CC-V, witnesses are being examined, documents were collected and the investigation is proceeding in right direction. Out of the seven allegations taken up for investigation, in six allegations so far 186 witnesses have been examined and 391 documents were collected. The investigation process in the above six allegations are nearly completed. 4.The learned Additional Public Prosecutor further submitted that the investigation is almost in the verge of completion and the respondent police will file a report within a stipulated time, before the concerned Court.

5.In view of the above, this Criminal Original Petition is dismissed, with a direction to the respondent police to complete the investigation and file a final report within a stipulated period.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vv2 To

1. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Chennai City-III, Chennai-600 016.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.25665 of 2019 CS/25/11/2019 https://hcservices.ecourts.gov.in/hcservices/