Deputy Superintendent Of Police v. A.Sardar

Crl.M.P.No.18283 of 2023 in Crl.O.P.No.27544 of 2022 A.D.JAGADISH CHANDIRA, J.

This petition has been filed seeking to grant further period of three months to complete the investigation and to file the final report as per the direction given by this Court in Crl.O.P.No.27544 of 2022 dated 25.07.2023.

2. In support of the above prayer, Ms.R.Varnikhaa Sree, Inspector of Police, City Special Unit-III, Vigilance and Anti Corruption, Alandur Chennai, has filed the affidavit before this Court.

3. Learned Government Advocate (Crl.Side) submitted that it is the case where the allegation against the accused is for possessing disproportionate assets and on the petition filed by the respondent herein in Crl.O.P.No.27544 of 2022, this Court by an order dated 25.07.2023 has directed the petitioners herein to complete the investigation and file the final report within 60 days from 25.07.2023. He further submitted that after completion of investigation, the request for approval of the draft final report 1/4

and the request for sanction were sent to the Vigilance Commissioner on the same day on 31.10.2023 and the sanction is awaited from the appropriate Authority and that once the sanction is obtained, the Investigation Officer will be able to file the final report. Therefore, the order of this Court could not be complied within the specified period and that the delay on the part of the Officer is on account of collecting voluminous documents.

4. He also submitted that the Investigation Officer has also filed an Affidavit, in which, she had stated that the wife of the first accused named S.Yasmeen W/o. A.Sardar had invested R.1,84,09,000/- in M/s.Neo Max Investments and the M/s.Neo Max company is also added as an accused and thereby, there had been a delay in collecting documents. He further submitted that the delay in completing the investigation is neither willful nor wanton but only on account of collecting voluminous documents. He also submitted that the Affidavit filed by the Investigation Officer may be taken into account and she may be pardoned for the delay and further time may be granted to complete the investigation and to file the final report. He further submitted that the Investigating Officer undertakes that the final report will be filed within a period of two months. 2/4

5. Recording the above submissions, this Court feels it appropriate to extend the time by two months and accordingly, the time granted by this Court in Crl.O.P.No.27544 of 2022 dated 25.07.2023 to complete the investigation and to file the final report is extended by two months from today and it should be strictly construed.

21.11.2023 ham 3/4

A.D.JAGADISH CHANDIRA, J.

ham Crl.M.P.No.18283 of 2023 in Crl.O.P.No.27544 of 2022 21.11.2023 4/4