G.Vasanthi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.33720 of 2019 and Crl.M.P.No.18606 of 2019 Mrs. G.Vasanthi, W/o. Mr.Murali Deputy Director, Town & Country Planning, Dharmapuri Region, Dharmapuri District.

(Now under suspension) ... Petitioner Vs.

1.State, rep. by The Deputy Superintendent of Police, Vigilance and Anti Corruption, Krishnagiri.

(Crime No.10/AC of 2018.

2.M.Govindaraj ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records of the 1st respondent herein in impugned FIR registered by the 1st respondent herein in Crime No.10/AC/2018 dated 13.12.2018 on the file of the Vigilance and Anti Corruption Department, Krishnagiri, the 1st respondent herein and quash the same in so far as the Petitioner/1st Accused herein.

For Petitioner : Mr.K.Vellayaraj For 1st Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking to call for the records and to quash the proceedings as against the petitioner pending in Crime.No.10/AC/2018 dated 13.12.2018 on the file of the Vigilance and Anti Corruption Department, Krishnagiri.

2.The learned counsel appearing for the petitioner would submit that the petitioner was working as a Deputy Director, Town & Country Planning, Dharmapuri Region, Dharmapuri District and she is arrayed as A1 in the case in Crime No.10/AC/2018. He would further submit that the petitioner has the credit of having served the department in different capacities, rendering exemplary and impeccable service for 28 years. He further submitted that the de-facto complainant is a Real Estate Broker and he approached the petitioner and enquired about granting layout approval of the lands belonging to one Kesavan who was the owner of the said lands. Thereafter, the petitioner had replied that the said file would be disposed of in accordance with the seniority and the rules and sent him away.

3. Further, again on 05.12.2018, the de-facto complainant came to the office of the petitioner and disturbed the petitioner from doing her work and demanded the layout approval. However, since the de-facto complainant was a real estate broker and had no role to play as regards the layout approval, the petitioner warned him not to come again to the Office and disturb her.

4. Thereafter, the defacto complainant and the 1st Respondent hatched a conspiracy against the petitioner and the Office Supervisor on false representation that the petitioner demanded illegal gratification, intending to harm her reputation and status. As a result of the false representation made by the defacto complainant, the above case in Crime No.10/AC/2018 came to be registered on 13.12.2018.

5.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove her innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

6.The learned Additional Public Prosecutor concedes 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.

7.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 enforcing agency to complete the investigation in Crime No.10/AC/2018, 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 enforcing agency for early completion of the investigation.

8.This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar msrm To 1.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Krishnagiri.

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

+1cc to Mr.V.K.Raj law chambers, Advocate SR.104838 Crl.O.P.No.33720 of 2019 and Crl.M.P.No.18606 of 2019 NR(CO) CB(21/01/2020)