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Madras High CourtCRL OP(MD)/3761/2021disposed of

Sankar v. The Inspector Of Police

2021-03-24Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 23.03.2021 Pronounced on : 24.03.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Sankar : Petitioner / Accused Vs.

State rep. by its The Inspector of Police, Vigilance and Anti Corruption Wing, Tirunelveli.

Crime No. 2 of 2021 : Respondent PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent herein to complete the investigation in connection with the case in Crime No.02 of 2021 as expeditiously as possible and file a final report before the concerned Court, within the time stipulated by this Court.

For petitioner : Mr. S. Sathya Chidambaram For respondent : Mr. K.K. Ramakrishnan Additional Public Prosecutor

ORDER

The above petition has been filed under Section 482 Cr.P.C., seeking direction to the respondent Police to complete the investigation in connection with case in Crime No. 2 of 2021, as expeditiously as possible and to file a final report, within the time stipulated by this Court.

2. The case of the petitioner is that one Velayutham, the defacto complainant is running a Travels in the name and style of "Subha Cabs", that he got a contract for supply of Cabs under RBSK scheme in Primary Health Centre, on the basis of the approval given by the Deputy Director of Health Department, Tirunelveli, on monthly contract basis, that the contract has been renewed every year, that the renewal of the said contract is due for the year 2021 and monthly payment of Rs.30,000/- was paid by the Department to the defacto 1/3

complainant, that the defacto complainant has alleged that the petitioner, who is the driver of the Deputy Director of Department, approached him and stated that he would get the renewal of the contract from Deputy Director and that subsequently, the defacto complainant has preferred a complaint to the police on 25.01.2021, as well as the Deputy Director of Health Department and a case has been registered in Crime No.2 of 2021, on the file of the respondent police under Section 7(a) of the Prevention of Corruption Act, that the respondent police after registering the case has not taken further steps to complete the enquiry, that the petitioner is under suspension without any fault on his part and that therefore, he was constrained to file the above petition for the completion of the investigation and to file a final report as expeditiously as possible.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is pending and that six months time is required to complete the investigation and to file a charge sheet and produced a copy of the Case Details, with respect to the case in Crime No.2 of 2021. It is the specific case of the respondent that during the course of investigation trap was organized and during the course of trap, the petitioner had demanded and accepted Rs.20,000/- from the defacto complainant in the the presence of the official witnesses and hence, the petitioner was trapped and arrested on 25.01.2021, that they have examined five witnesses and collected 7 documents so far, that the chemical analysis report is yet to be received from the Forensic Lab and sanction of prosecution is yet to be obtained, that 8 witnesses including the Scientific Officer and the Sanctioning Authority are yet to be examined and 7 documents are yet to be collected and that six month time is required for completing the investigation.

4. After filing of the above case details by the learned Additional Public Prosecutor, the learned counsel appearing for the petitioner would submit that time sought for by the learned Additional Public Prosecutor is too long and they may be directed to complete the investigation within a period of four months.

5. In reply, the learned Additional Public Prosecutor would submit that after completion of the investigation and preparation of final report, the same has to be submitted for approval and thereafter, they have to apply for necessary sanction and that therefore, six months time is required.

6. It is evident from the records that First Information Report in Crime No. 2 of 2021 came to be registered on 25.01.2021. According to the respondent, they have already examined 5 witnesses and collected 7 documents and that 8 witnesses are yet to be examined and 7 documents are yet to be collected.

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7. On considering the entire facts and circumstances of the case and also considering the representation of the learned Additional Public Prosecutor regarding their procedure to get approval of the final report and to get sanction, this Court is inclined to permit the respondent to complete the investigation and to file the final report within a period of six months.

8. In the result, the respondent police is hereby directed to complete the investigation in the case registered in Crime No. 2 of 2021 and to file a final report within a period of six months from today.

9. With the above direction, this Criminal Original Petition is disposed of .

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1. The Inspector of Police, Vigilance and Anti Corruption Wing, Tirunelveli.

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

order made in 24.03.2021 trp AM/29/04/2021/3P/3C 3/3