Abraham Varghese v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No. 28998 of 2019 Abraham Varghese ... Petitioner /A 44 Vs.

State by:

Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai.

(Crime No.RC MA1 2016 A 0009) ... Respondent /Complainant PRAYER:Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent to file the final report in Crime No.RC MA1 2016 A 0009 dated 23.03.2016 pending on the file of the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai. For Petitioner : Mr. K. R. Ramesh Kumar & A. Nagarajan For Respondent : Mr.K. Srinivasan, Spl. Public Prosecutor, CBI Cases

O R D E R

The petitioner is A4 in Crime No. RC MA1 2016 A 0009, pending on the file of Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai, has filed this petition seeking respondent to file a final report.

2. The contention of the petitioner is that the FIR came to be registered on 23.3.2016 and till now, the charge sheet has not been filed. He further submits that the petitioner was employed as Travelling Ticket Examiner of Madras Division, Southern Railways and with regard to allegations of malpractice, a case came to be registered. Thereafter the petitioner was transferred from Chennai Division to Salem Division loosing his seniority and now he had attained superannuation. Due to the pendency of the above case, his retirement benefits and other terminal benefits are withheld by the Department citing the pendency of the above case. Hence he filed the above petition.

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3. Learned Special Public Prosecutor, CBI Cases submits that closure report is filed before the trial court and the same has been accepted by the trial court on 5.10.2019. In view of the same, nothing further survives in this petition for further adjudication. Therefore this petition is closed.

4. The counsel for the petitioner submitted that on earlier occasions when he filed copy application, the same was returned for one reason or the other. He further submitted that the certified copy of the closure report is essential for the petitioner to submit to his employer/Department for processing and getting his retirement benefits. In view of the same, the concerned Court to furnish the copy of documents and closure report to the petitioner on petitioner making proper application and on payment of charges.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar msr To 1.The Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai 2.The Special Public Prosecutor, High Court, Madras. +1 cc to M/s.K.R.Ramesh Kumar Advocate sr92845 Crl.O.P.No. 28998 of 2019 aa11/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/