Selvendran v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.21274 of 2016 Selvendran : Petitioner -VsThe Deputy Superintendent of Police, Vigilance and Anti-Corruption, Kunnur Post, Theni District.

: Respondent PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondent to register a case on the basis of the petitioner's complaint dated 12.09.2016. For Petitioner : Mr.R.Ganeshprabu For Respondent : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor ********

O R D E R

At the outset, this petition is not maintainable, in the light of the law laid down by this Court in Sugesan Transport Pvt. Ltd., v. the Assistant Commissioner of Police, J2 Adyar Police Station, Chennai and another reported in 2016(5) CTC 577. 2.The Deputy Superintendent of Police has filed a status report, wherein, at Paragraph Nos.1 and 2, he has stated as follows: "It is submitted that a Detailed Enquiry in D.E.107/2014/AGRI/TN has been registered on 18.11.2014 against the accused officer Tr.S.Chellamuthu, the Assistant Executive Engineer, Tamil Nadu Water Irrigation Developments Scheme, Theni District for the allegation of accumulation of assets disproportionate to his know sources of income in the from of moveable and immovable properties in his name and in the name of his family members during the period between 01.01.2009 and 31.

12.2013 by Tr.John Clement, formerly Deputy Superintendent of Police, Vigilance and AntiCorruption, Dindigul i/c Theni. The above Detailed Enquiry is being taken up on the intimation of Vigilance Report Number.3/2013-2014 of Vigilance and Anti-Corruption, Theni Detachment.

https://hcservices.ecourts.gov.in/hcservices/

2.It is submitted that the petitioner Tr.R.Selvendran, S/o.Raja, 7/6/15, 2nd Ward, Sanjay Gandhi Street, Palanichettypatti Post, Theni District sent a petition dated: 12.09.2016 by post, addressed to the respondent, was received by the Respondent on 14.09.2016. "

3. The learned Additional Public Prosecutor submitted that orders have been obtained from the Director of Vigilance and AntiCorruption to club the complaint dated 12.09.2016 submitted by the petitioner with the on-going detailed enquiry in D.E.107/2014/AGRI/TN, pursuant to which, the Vigilance and AntiCorruption Department are conducting enquiry.

4. Recording the same, this petition is closed. However, it is open to the respondent to complete the enquiry and either file a closure report or a First Information Report, if the situation warrants.

Sd/- Assistant Registrar (Criminal side) /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Kunnur Post, Theni District.

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

+1cc to Mr.R.GANESH PRABU,Advocate,SR. 42974 CRL.O.P.(MD)No.21274 of 2016 19.01.2018 SML/PSD KK/SV MMS/SAR 3/01.02.2018/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/