Madras High CourtCRL OP(MD)/2218/2016disposed of

S.Sudalaikannu v. The Director

2017-01-18Honourable Mr Justice B. Gokuldas3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2017

CORAM

THE HON'BLE MR.JUSTICE B.GOKULDAS Crl.O.P.(MD) No.2218 of 2016 S.Sudalaikannu ... Petitioner -vs1.The Director, Department of Vigilance and Anti Corruption, NCP 21 to 28, Dr.Kumarasamy Raja Salai, Adaiyaru, Chennai.

2.The Deputy Superintendent of Police, Department of Vigilance and Anti Corruption, Masila Mani Nagar,Kulavanigarpuram, Tirunelveli-627 005.

3.The Commissioner, Tamil Nadu Vigilance and Anti Corruption, Fort St.George, Chennai-600 009.

4.The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.

Tirunelveli District.

... Respondents (R4 impleaded vide order dated 18.01.2017 and made in Crl MP(MD):2587/2016 in Crl op(MD):2218/2016) Prayer: Petition filed under Section 482 of Code of Criminal Procedure, directing the respondents particularly the 3rd respondent to register the complaint as submitted by the petitioner on 10.07.2015 as a prima facia case have been made out in the subsequent enquiry proceedings and during interrogation on the petitioner as made by the 1st and 2nd respondents in accordance with law and proceed with further investigation without any further delay and lay the final report before the court concerned there upon.

For Petitioner :

Mr.S.Palanivelayutham For R1 to R3 :

Mrs.S.Prabha Govt. Advocate (Crl.Side) For R4 :

Mr.G.R.Swaminathan

O R D E R

This petition has been filed, seeking to direct the respondents, particularly the 3rd respondent to register the complaint of the petitioner dated 10.07.2015, based on the subsequent enquiry proceedings and interrogation on the petitioner, made by the 1st and 2nd respondents, in accordance with law and proceed with the investigation without any further delay and lay the final report before the court concerned there upon.

2. Heard the learned counsel on either side.

3. It is represented by the learned Government Advocate

(Crl.Side) that the Inspector of Police, Vigilance and AntiCorruption, Tirunelveli District, who is the Investigating Officer in this case, has already sent the Enquiry Report to the Vigilance Commissioner, Chennai on 13.01.2017 for obtaining necessary permission to register a regular case against the accused persons.

4. In view of the above submission, after obtaining necessary permission from the Higher Official, the Investigating Officer is directed to investigate into the matter and conclude the same within a period of six months from the date of receipt of a copy of this order and thereafter, file a charge sheet before the concerned jurisdictional Court, if it is found during the course of investigation that prima facie case is made out against the accused persons.

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

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To:

1.The Director, Department of Vigilance and Anti Corruption, NCP 21 to 28, Dr.Kumarasamy Raja Salai, Adaiyaru, Chennai-28.

2.The Deputy Superintendent of Police, Department of Vigilance and Anti Corruption, Masila Mani Nagar,Kulavanigarpuram, Tirunelveli-627 005.

3.The Commissioner, Tamil Nadu Vigilance and Anti Corruption, Fort St.George, Chennai-600 009.

4.The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.

Tirunelveli District.

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

+1 cc to MR.S.PALANI VELAYUTHAM,ADVOCATE, SR NO:3165 +1 cc to MR.G.R.SWAMINATHAN,ADVOCATE, SR NO:3121 ar sva/mr/vb/30.01.2017/3p/8c Crl.O.P.(MD)No.2218 of 2016 2/2

18.01.2017