S.K.Senthil Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE B.PUGALENDHI S.K.Senthil Kumar ... Petitioner Vs.

1.The Superintendent of Police, Directorate of Vigilance and Anti-Corruption, Chennai.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, No.175, Maravan Madam, Thoothukudi.

3.The Inspector of Police, Vigilance and Anti-Corruption, Thoothukudi.

(Crime No.5 of 2017) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 2 and 3 to file a final report in Crime No.5 of 2017 under the supervision of the first respondent within a stipulated time frame fixed by this Court. For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The criminal original petition has been filed seeking direction to the respondents 2 and 3 to file a final report in Crime No.5 of 2017 under the supervision of the first respondent within a stipulated time.

2. The case of the petitioner is that on 26.10.2015, he has lodged a complaint before the second respondent police stating that the accused Nos.1 to 3 have misappropriated the fund of South Thittankulam Panchayat to the tune of Rs.1,66,76,935/-. 1/3

3. According to the petitioner, even though the case in Crime No.5 of 2017 has been registered on 17.04.2017, the respondent police have not taken any serious steps to investigate the matter.

4. The learned Additional Public Prosecutor has produced the status report received from the Inspector of Police, Vigilance and Anti-Corruption, Tuticorin, wherein, it is stated as follows: "8. Almost all the documents connected with the case, have been already collected and scrutinised. About 40 witnesses remain to be examined in the case.

9. It is submitted that there is prima facie evidence to proceed the accused concerned in the case. In the event of filing charge sheet against the accused, sanction of prosecution of the accused has to be obtained from the competent authority through Government. The process may take some time. The COVID - 19 pandemic has not yet come to an end.

In the above circumstances, it is prayed that this Honourable Court may graciously be pleased to give one more year time for completion of the investigation of the case."

5. Considering the fact that the case has been registered in the year 2017 and the nature of allegations, this Court directs the third respondent to complete the investigation in Crime No.5 of 2017 and to file the final report within a period of five months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS ) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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To 1.The Superintendent of Police, Directorate of Vigilance and Anti-Corruption, Chennai.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, No.175, Maravan Madam, Thoothukudi.

3.The Inspector of Police, Vigilance and Anti-Corruption, Thoothukudi.

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

01.07.2020 CS (13.07.2020) 3P 5C 3/3