Madras High CourtCRL OP(MD)/3466/2016disposed of

A.P.Thambi v. The Superintendent Of Police

2016-06-24Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.O.P.(MD) No.3466 of 2016 A.P.Thambi ... Petitioner -vs1.The State of Tamil Nadu rep.by the Superintendent of Police at Nagercoil Kanyakumari District.

2.The Inspector of Police Vigilance & Anti Corruption Nagercoil Kanyakumari District ... Respondents PRAYER: Criminal Original Petition is filed, under Section 482 of the Code of Criminal Procedure Code, to direct the respondents to register a case on the complaint of the petitioner, dated 08.02.2016, and investigate the same in accordance with law. For Petitioner :Mr.A.Rajkumar Sen For Respondents :Mr.P.Kandasamy Govt.Advocate (Crl.Side)

O R D E R

The petitioner came forward, under Section 482 Cr.P.C., for a direction to the respondents to register a case as against the H.R. & C.E., officials and certain connected persons in Mandaikadu Bagavathi Amman Temple, in Kanyakumari District.

2. The petitioner is interested in the proper running of the said Bagavathi Amman Temple. It is alleged that there are misdeeds, irregularities and commission of criminal misconducts with regard to Archana Plates and various other items.

3. The respondents have filed counter and also a status report.

4. It is stated that the complaint of the petitioner has been forwarded to the Joint Commissioner, H.R. & C.E., Suchindram, for enquiry. Earlier, the petitioner filed a writ petition in W.P (MD) No.7692 of 2014, before the First Bench of this Bench. It was disposed of with a direction that the matter has to be enquired by a competent authority, who can look into the same in accordance with law.

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5. Now, the grievance of the petitioner is that the Joint Commissioner, to whom the complaint of the petitioner has been forwarded for enquiry, is not alright. Allegations have also been made against him.

6. In the facts and circumstances, it would be better and it would ensure a fair enquiry, if it is enquired by a competent official not below the rank of an Additional Commissioner, H.R. & C.E. Department.

7. In the circumstances, with regard to the allegations made by the petitioner, the Commissioner, H.R. & C.E. Department, Chennai, is directed to nominate an officer not below the rank of an Additional Commissioner, H.R. & C.E., who will enquire the matter and submit his report to the Commissioner, H.R. & C.E., Department, Chennai, who will take further action according to law.

8. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To:

1.The Commissioner, H.R. & C.E. Department,Nungambakkam, Chennai.

2. The Superintendent of Police, at Nagercoil Kanyakumari District.

3.The Inspector of Police, Vigilance & Anti Corruption, Nagercoil.

4.The Government Advocate (Criminal Side), Madurai Bench of Madras High Court, Madurai.

Krk JA-ARK-PV-05.07.2016/2P:5C Crl.O.P.(MD) No.3466 of 2016 24.06.2016 https://hcservices.ecourts.gov.in/hcservices/