Sudalaikannu.S v. The Director
W.P(MD)No.3564 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)No.3564 of 2021 S.Sudalaikannu ... Petitioner Vs.
1. The Director, Director of Vigilance & Anti Corruption, 293, MKN Road, Collectors Nagar, Alandhur, Chennai.
2. The Deputy Superintendent of Police, Vigilance & Anti Corruption, 16/53A/, Masilamani Nagar, Near Central Jail, Palayamkottai, Tirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents herein to complete the enquiry in DE.No.114/2011/EDN/HQ on the file of the second respondent police and file final report under the Prevention of Corruption Act 1988 within the stipulated time fixed by this Court.
For Petitioner : Mr.T. Cibi Chakraborthy For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.
ORDER
The Writ Petition has been filed to issue a writ of mandamus, directing the respondent to complete the enquiry in DE.No.114/2011/EDN/HQ on the file of the second respondent police and file final report under the Prevention of Corruption Act 1988 within the stipulated time fixed by this Court.
2.When the matter was taken up for hearing on 23.02.2021, the learned Additional Public Prosecutor represented that enquiry with respect to DE.No.114 / 2011 / EDN / HQ has already been completed and final reports were filed before the Special Court for Prevention of Vigilance and Anti Corruption and the same were taken on file and had sought time for filing counter affidavit. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.3564 of 2021 3.Today, the learned Additional Public Prosecutor has filed the counter affidavit, wherein, it has been stated that after preliminary enquiry with respect to DE.No.114/2011/EDN/HQ, FIR came to be registered in Crime No.6 of 2012 for the offence under Sections 167, 465, 471 and 477(A) IPC and Section 13(2) r/w 13(1) (D) of Prevention of Corruption Act 1988 and after completion of investigation, final reports have been filed against Dr.Sabapathy Mohan and Dr.Denizia on 02.12.2015, that both the cases have been taken on file in Spl.S.C.No.8 and 9 of 2015 and that both the cases are pending for trial.
4.In the counter, it has been further stated that after detailed enquiry with respect of enquiry in DE.No.113/2011/EDN/HQ, dated 15.05.2012, the matter was ordered to be closed. Since the present petition is with respect to DE.No.114/2011/EDN/HQ and as the final reports have already been filed and the cases are pending before the concerned Court, nothing survives for further adjudication. 5.Recording the said submission made by the learned Additional Public Prosecutor, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS-) To
1. The Director, Director of Vigilance & Anti Corruption, 293, MKN Road, Collectors Nagar, Alandhur, Chennai.
2. The Deputy Superintendent of Police, Vigilance & Anti Corruption, 16/53A/, Masilamani Nagar, Near Central Jail, Palayamkottai, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.T.CIBI CHAKRABORTHY, Advocate (SR-8050[F] dated 02/03/2021) DAS TE : 08/03/2021 : 2P/5C W.P(MD)No.3564 of 2021 01.03.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2