Raja v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2109 of 2018 Raja ... Petitioner vs.

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

2.The Deputy Superintendent of Police Vigilance and Anti Corruption Department, Collectorate Complex, Virudhunagar, Virudhunagar District.

... Respondents PRAYER: Criminal original petition filed, under Section 482 Cr.P.C., to direct the respondents herein to take immediate action on the basis of the enquiry report furnished by the Executive Engineer dated 23.09.2011 and on the basis of petitioner's representation dated 23.03.2017 within the time stipulated by this Hon'ble Court. For Petitioner : Mr.M.Raja - Party-in-person For Respondent :Mrs.S.Bharathi Government Advocate (Criminal side)

O R D E R

The petitioner states that he was a contractor in the Agricultural Engineering Department and that he was not given the contract, whereas someone was given the contract. He has submitted a complaint dated 23.03.2017 to the respondent police and thereafter filed the present petition to issue a direction to the respondents to take action based on his complaint and the enquiry report furnished by the Executive Engineer, Agricultural Engineering Department, Virudhunagar District dated 23.09.2011. 2.At the outset, this criminal original petition is not maintainable in view of the law laid down by this Court in Sugesan Transport Pvt., Ltd., represented by its Director Rajendra Sheth No.7C, Second Canal Cross Road, Gandhi Nagar, Adyar, Chennai-600 020 vs. The Assistant Commissioner of Police, J-2, Adyar Police Station, Adyar, Chennai-600 020 and another, reported in 2016 (2) CTC 286. https://hcservices.ecourts.gov.in/hcservices/

3. However, the Government Advocate (Criminal side) submitted that the Vigilance and Anti Corruption Department is conducting preliminary enquiry and they have examined some witnesses and certain documents.

4.After preliminary enquiry, if the Vigilance and Anti Corruption Department officials are satisfied that an offence has been committed, it is open to them register an F.I.R. suo-motu or close the file, if found otherwise.

5.With the above observation, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

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

2.The Deputy Superintendent of Police Vigilance and Anti Corruption Department, Collectorate Complex, Virudhunagar, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.M.Raja, Party-in-person, SR.No. 48062 Crl.O.P.(MD) No.2109 of 2018 12.02.2018 sj AM/MR/SAR 2/21.02.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/