Madras High CourtCRL RC(MD)/612/2020disposed of

K.Subramanian v. The Inspector Of Police

2023-03-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.5514 of 2020 K.Subramanian ... Petitioner/Respondent/Accused Vs.

1.State through, The Inspector of Police, Vigilance and Anti-Corruption, Tirunelveli.

(Crime No.08 of 2016) ... Respondent / Petitioner / Complainant

2. Iyyadurai ... Respondent / Defacto Complainant PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records in connection with the order passed by the learned Special Court for Trial of Cases under the Prevention of Corruption Act, Tirunelveli District in Cr.M.P. No.147 of 2020 in Spl.C. No.1 of 2019 dated 17.08.2020 and set aside the same. For Petitioner : Mr. G.Thalaimutharasu For R-1 : Mr. S.Ravi Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed to call for the records in 1/4

connection with the order passed by the learned Special Court for Trial of Cases under the Prevention of Corruption Act, Tirunelveli District in Cr.M.P. No.147 of 2020 in Spl.C. No.1 of 2019 dated 17.08.2020 and set aside the same.

2. This revision has been preferred on the limited ground as to whether the petitioner can be declared as the public servant. The above said issue was resolved by the Full Bench of this Court in the judgment dated 29.04.2021 in Crl.R.C(MD) No.612 of 2020, so this matter has become infructuous. Inspite of that, the learned counsel for the petitioner seeks time. But nothing survives for further consideration in this revision.

3. In view of the above declaration of law by the Full Bench of this Court, nothing survives for further consideration in this matter. The petitioner can work out his remedy, in accordance with law. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is closed.

01.03.2023 NCC:Yes/No Index : Yes / No Internet : Yes / No Indu 2/4

To 1.The Inspector of Police, Vigilance and Anti-Corruption, Tirunelveli.

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

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G.ILANGOVAN,J.

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