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Madras High CourtCRL OP/30059/2019disposed of

P.Vivekanandan v. State Rep. By

2019-12-16Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.O.P.NO.30059 OF 2019 AND CRL.M.P.NO.16267 OF 2019 P.Vivekanandan ... Petitioner Vs.

State, rep. by The Deputy Superintendent of Police, Vigilance and Anti Corruption, Coimbatore. ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records FIR No./Cr.No.20/2019/AC/CB on the file of the respondent and to quash the same against this petitioner. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking to call for the records in FIR No./Cr.No.20/2019/AC/CB on the file of the respondent and to quash the same against this petitioner.

2. Mr.R.C.Paul Kanagaraj, the learned counsel appearing for the petitioner would submit that the allegation made by the defacto complainant before the Investigating Agency stating that the DSP demanded money from the de-facto complainant in which it is alleged that the petitioner advocate received money from the de-facto complainant and handed over to A1. He further submitted that Section 109 of IPC would not attract to the petitioner. He added that it would be suffice, if this Court permits the petitioner to furnish the particulars before the law Investigating agency to prove his innocence and issue direction to the law Investigating agency to complete the investigation within a time frame.

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3.The learned Additional Public Prosecutor conceded to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.

4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law Investigating agency to complete the investigation in Crime No./Cr.No.20/2019/AC/CB, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law Investigating agency for early completion of the investigation.

5. This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar msrm To

1. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Coimbatore.

2. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.R.C.Paul Kanagaraj, Advocate, S.R.No.104437 Crl.O.P.No.30059 of 2019 and Crl.M.P.No.16267 of 2019 KK(CO) CS/03/02/2020 https://hcservices.ecourts.gov.in/hcservices/