Madras High CourtCRL RC(MD)/504/2015disposed of

K.C.Shanmugasundaram v. The Inspector Of Police

2015-10-15Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2015

CORAM:

THE HONOURABLE MRS.JUSTICE S.VIMALA Criminal Revision Case (MD)No.504 of 2015 K.C.Shanmugasundaram .. Petitioner/Petitioner Vs.

The Inspector of Police, Vigilance and Anti Corruption, Trichy District.

(Crime No.14/2005) .. Respondent/Respondent Revision is filed under Section 397 r/w 401 Cr.P.C. to call for the records and to set aside the order passed by the Special Judge for trial of cases under Prevention of Corruption Act cases, Trichy, dated 30.05.2013 in Crime No.14 of 2015 on the file of the first respondent police.

For Petitioner : Mr.J.Anandkumar For Respondent : Mr.P.Kandasamy Government Advocate (crl. side) *******

ORDER

*********** The impugned order passed by the Special Judge for Prevention of Corruption Act, closing the First Information Report as action dropped as per the request of the Investigation Officer, is under challenge in this revision petition.

2.A case has been registered in Crime No.14 of 2005 against the accused persons under Sections 420, 423, 466, 468 and 471 IPC and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, based upon the complaint given by the defacto complainant, who is the revision petitioner herein. It appears that after the investigation, the Investigating Officer has closed the First Information Report as action dropped. This report was filed before the learned Judicial Magistrate and the same has been accepted by the Court. While accepting the report, the observation made by the Court is that the defacto complainant was absent.

3.It appears that no notice of closure report has been served on the defacto complainant and it is stated so in the submission made by the learned counsel for the revision petitioner. Records also did not indicate that any notice has been given to the defacto complainant. Therefore, there is an undertaking by the respondent to serve the copy of the closure report on the defacto complainant. On receipt of the report, it is open to the defacto complainant to take action in accordance with law.

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4.This Criminal Revision Petition is disposed of accordingly. Sd/- Assistant Registrar(R) /True Copy/ Sub-Assistant Registrar To 1.The Special Judge for Cases under Prevention of Corruption Act Cases, Tiruchirappali District 2.The Inspector of Police, Vigilance and Anti Corruption, Trichy District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One cc to Mr.J.Anand Kumar, Advocate, SR.No.61437 rj2 RL/5 c- 29/10/2015 Crl.R.C.(MD)No.504 of 2015 15.10.2015 https://hcservices.ecourts.gov.in/hcservices/