C.Kopson v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2015
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Criminal Original Petition (MD)No.17068 of 2014 C.Kipson ... Petitioner Vs.
1.The Secretary to Government Education Department, Secretariat, Chennai.
2.The Director of School Education, College Road, Chennai.
3.The Director of Vigilance and Anticorruption NCB 21 to 28 P.S.Kumarasamy Raja Salai (Greenways road) Raja Annamalaipuram Chennai.
4.The Deputy Superintendent of Police, Vigilance and Anticorruption Department Tirunelveli.
... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to register a case on the complaint of the petitioner dated 23.07.2014 and to investigate the matter and to submit the final report within a time frame as fixed by this Court. For Petitioner : Mr.S.Arivalagan For Respondent 1 to 4 : Mr.C.Mayilvahana Rajendran Addl. Public Prosecutor
ORDER
The petitioner has come up with this petition seeking a direction to the 4th respondent to register a case on his complaint dated 23.07.2014, wherein he has made certain allegations against one Mariappan, Sudalaimani, Padmavathhi, John Stephen, Mala and Balamurugan, who are all public servants. https://hcservices.ecourts.gov.in/hcservices/
2. The learned Additional Public Prosecutor would submit that in respect of these allegations, a preliminary enquiry is conducted, as directed by the Hon'ble Supreme Court in Lalita Kumari vs. Govt. of U.P.& Others (2013 (4) Crimes 243 (SC)). He would further submit that based on the outcome of the said enquiry, the respondents will decide about the future course of action. The said statement is recorded.
3. In my view, if the preliminary enquiry reveals commission of offence by any of the public servants, then, it will be incumbent upon the respondents to register a case and investigate. If for any reason, the preliminary enquiry reveals that no offence appears to have been committed by any of the public servants, then, the fourth respondent shall not register any case.
4. With the above clarification, the criminal original petition is dismissed as infructuous.
Sd ASST REGISTRAR ( AS ) TRUE COPY SUB ASST REGISTRAR RR To 1.The Secretary to Government Education Department, Secretariat, Chennai.
2.The Director of School Education, College Road, Chennai.
3.The Director of Vigilance and Anticorruption NCB 21 to 28 P.S.Kumarasamy Raja Salai (Greenways road) Raja Annamalaipuram, Chennai. 4.The Deputy Superintendent of Police, Vigilance and Anticorruption Department, Tirunelveli. 5.The Additional Public Prosecutor, Madurai bench of Madras High Court, Madurai.
1CC TO MR. T. GUNASELAN MUTHIAH ADV SR: 36322 DM 15 JULY 2015 - 2P 7C Order made in Criminal Original Petition (MD)No.17068 of 2014 03.07.2015 https://hcservices.ecourts.gov.in/hcservices/