Thirumurugan, v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2015

CORAM:

THE HONOURABLE Mrs.JUSTICE S.VIMALA Crl.O.P.(MD)No.14959 of 2015 Thirumurugan ... Petitioner Vs.

1.The Director General of Police, The Director General of Police Office, Chennai - 4.

2.The Deputy Director General of Police, South Region, Madurai.

3.The Superintendent of Police, The Superintendent of Police Office, Dindigul Collectorate, Dindigul.

4.The Directorate of Vigilance and Anti Corruption, NCB 21 to 28 P.S.Kumarasamy Raja Salai (Greenways Road), Raja Annamalaipuram, Chennai 600 028.

5.The Deputy Superintendant of Police, Vigilance and Anti Corruption Office, Dindigul.

... Respondents PRAYER: This Criminal Original petition is filed under Section 482 of Cr.P.C., to direct the 5th respondent to register a case against the accused person namely, Ponnuthai based on the complaint of the petitioner dated 30.12.2014 and also investigate the same in accordance with law and file a final report.

For Petitioner : NO APPEARANCE For Respondents : Mr.P.Kandasamy, G.A.(Crl.side)

ORDER

The petitioner herein is the brother of one Ponnuthai. Ponnuthai is the wife of one Thangadurai. She is employed as Sub Inspector of Police.

2.The respondents 1 to 5 are top ranking Police officials, out of whom, R4 and R5 are in Vigilance and Anti Corruption Department.

3.It is the case of the petitioner that he submitted a petition, alleging acquisition of disproportionate wealth by his sister. It is alleged that she bought a car and also purchased

properties, without obtaining prior permission of the Government and Higher authorities only because the source of purchase money utilized by her was earned illegally. In other words, the contention is that when her husband is unemployed, and when her son is studying, the purchase of property could not have been possible except by adopting illegal methods.

4.Two documents have been filed in this case to show that the properties have been transferred in the name of Ponnuthai. One of the document is sale deed dated 16.09.2006 where-under Ponnuthai has purchased an extent of 1311 1⁄2 sq.ft. vacant site for a sum of Rs.2,04,594.00. The mother of Ponnuthai has executed a settlement deed on 17.12.2013, in which, it is stated that out of love and affection, this property is gifted in favour of the daughter.

No monetary consideration is involved in this settlement.

5.Alleging that these acquisitions are illegal, this petitioner has sent the complaint dated 30.12.2014. The Directorate of Vigilance and Anti Corruption by the communication dated 06.01.2015, has forwarded the complaint to the Superintendant of Police, Dindigul District, for taking necessary action in respect of that complaint. Alleging that no action has been taken against the complaint made by him, the petitioner seeks direction to the respondents to investigate and to file a final report.

6.After detailed enquiry, a report was filed before this Court and the respondents were directed to furnish a copy of the report to the learned counsel for the petitioner for his perusal and his suggestion.

7.In the report, it is stated that there was no irregularity or illegality in the purchase of the property by Ponnuthai and that she has obtained necessary departmental permission before obtaining the property. In view of the report filed, it is evident that the grievance of the petitioner cannot be genuine.

8.It is also relevant to point out that the petitioner did not disclose the fact that he is the brother of Ponnuthai. It appears, in order to settle scores with her sister, in respect of family properties the petitioner seems to have abused the process of law.

The Criminal Revision Petition has no merits and it is dismissed.

Sd/- Assistant Registrar (writ) /True Copy/ Sub Assistant Registrar To 1.The Director General of Police, The Director General of Police Office, Chennai - 4.

2.The Deputy Director General of Police, South Region,Madurai.

3.The Superintendent of Police, The Superintendent of Police Office, Dindigul Collectorate,Dindigul.

4.The Directorate of Vigilance and Anti Corruption, NCB 21 to 28 P.S.Kumarasamy Raja Salai (Greenways Road), Raja Annamalaipuram, Chennai 600 028.

5.The Deputy Superintendant of Police, Vigilance and Anti Corruption Office, Dindigul.

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

+1cc Mr.R.GANESAN, Advocate Sr.No. 543913 JAM/NGM-SS/5.9.15/3P-7C Crl.O.P.(MD)No.14959 of 2015 04.08.2015