Madras High CourtCRL OP/25207/2021disposed of

S.Gunasekaran v. The Director

2021-12-22Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.NO.25207 OF 2021 S.Gunasekaran, S/o. Somasundaram ... Petitioner

Versus

1. The Director, Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 016.

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Namakkal, Namakkal Dt.

3. The Inspector of Police, Vigilance and Anti Corruption, Namakkal, Namakkal Dt.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to complete the investigation in Cr. No.5/AC/2016 dated 28.04.2016 on the file of the 3rd respondent and file a final report. For Petitioner :

Mr.S.Doraisamy For Respondents :

Mr.C.E.Pratap, Govt. Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction directing the respondents to complete the investigation in Crime No.5/AC/2016 pending on the file of 3rd respondent and file a final report.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is the defacto complainant. He has given a complaint against the President of Kondalam Village Panchayat for misappropriation of funds of the Panchayat. Based on that, a F.I.R. in Cr.No.5/AC/2016 has been registered for an offence under Sec.120-B, 465, 467, 471, 477 I.P.C. and Sec.13(2) r/w 13 (1)(d) of Prevention of Corruption Act, 1988. Even though the crime was registered in the year 2016, for the past six years, the investigation is not in progress. Hence, the present petition has been filed to complete the investigation and file a final report.

3. Mr.C.E.Pratap, learned Government Advocate (Criminal side) appearing for respondents would submit that the investigation is in process and already, they have examined more than 46 witnesses and more than 108 documents have been seized. Further, some other documents were sent for forensic lab for comparison. After receipt of reports, they will file a final report within a period of two months.

4. Considering the above submissions, the 3rd respondent is directed to complete the investigation and file a final report on or before 28.02.2022. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar rpp To

1. The Director, Vigilance and Anti-Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 016.

2. The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Namakkal, Namakkal Dt.

3. The Inspector of Police, Vigilance and Anti Corruption, Namakkal, Namakkal Dt.

4. The Public Prosecutor, High Court, Madras.

+1cc to M/s.S.Doraisamy, Advocate, S.R.No.68996 CRL.O.P.No.25207 of 2021 KSM(CO) RLP(06/01/2022) https://hcservices.ecourts.gov.in/hcservices/