Madras High CourtCRL OP(MD)/398/2016disposed of

B.Raja v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.O.P(MD)No.398 of 2016 B.Raja ..Petitioner Vs.

1.The Superintendent of Police, Vigilance and Anti-Corruption, NCB, 21 to 28 P.S. Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Thirupathurt Road, Kanjirankal, Sivagangai District.

3.The Inspector of Police, Vigilance and Anti-Corruption, Thiruppathurt Road, Kanjirankal, Sivagangai District.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent to register the complaint of the petitioner dated 08.12.2015 against the proposed accused and proceed the same as per law within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Mohamed Rajapdheen For Respondents : Mr.P.Kandasamy Govt. Advocate (crl.side)

O R D E R

B.Raja, the petitioner has come forward with this petition under Section 482 Cr.P.C., to expose certain murky deal/ transactions by certain Block Development Officers and other officers of Thirupathur Union.

2. The Inspector of Police, Vigilance and Anti-Corruption, Sivagangai has conducted preliminary enquiry and filed counter affidavit. In para 5, 6 and 7 of the counter, it is stated as under:- " 5. It is submitted that in the preliminary enquiry I have ascertained that Thiru.Subramanian, Block Development Officer along with Thiru.Ramesh Kannan, Deputy Block Officer, Thiru Sangili, Assistant Engineer and Thiru.Kadar Mohaideen Assistant had directed purchased 76 Electronic motors from one Krishna Pump https://hcservices.ecourts.gov.in/hcservices/

Private Limited for Rs.13,42,842/- without following tender procedure. I have ascertained that Tmt.Krishnaveni overseer was not involved in this case. The said official 1 to 4 were not followed the conditions and guidelines issued by the Government in the implementation of the THAI scheme for the year 2012-2013. The said official did not call for tender with regard to the purchase of 76 Electronic Motors. They have committed procedural violation and also misappropriation of the above scheme fund to the tune of Rs.32,318/-.

6. It is submitted that in this regard departmental action has already been initiated against the official 1 to 4 for the above said procedural violations and primafacie of misappropriation of the scheme fund to the tune of Rs.32,318/- for made out during this Preliminary Enquiry.

7. It is submitted that in this regard the Director of Vigilance and Anti-Corruption, Chennai has sought permission to the Vigilance Commissioner, Chennai to register a Regular Case against the said official 1 to 4."

3. Thus, it is seen that prima facie case has been found out in the preliminary enquiry and the necessary permission has been sought for from the competent authority to register a regular case.

4. Recording the above aspects, this Criminal Original Petition is accordingly disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS) To:

1.The Superintendent of Police, Vigilance and Anti-Corruption, NCB, 21 to 28 P.S. Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai.

2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Thirupathurt Road, Kanjirankal, Sivagangai District.

3.The Inspector of Police, Vigilance and Anti-Corruption, Thiruppathurt Road, Kanjirankal, Sivagangai District.

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

CRL.O.P(MD)No.398 of 2016 06.06.2016 skn PBK/KBM/SAR-I 15/06/2016 ::2P-5C::

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