Madras High CourtCRL OP(MD)/12771/2021disposed as infructuous

M.Balamurugan v. The Director Vigilance And Anticorruption Department

2022-03-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN M.Balamurugan ... Petitioner Vs.

1. The Director Vigilance and Anticorruption Department, No.293, MKN Road, Alanthur, Chennai.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Madurai District, Madurai.

3. The Inspector of Police, Vigilance and Anti Corruption, Madurai.

4. Mr.Sathyaseelan The Deputy Superintendent of Police, Vigilance and Anti Corruption, Madurai District, Madurai.

5. Mr.Kannan The Inspector of Police, Vigilance and Anti Corruption, Madurai.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw and transfer the investigation in Crime No.7 of 2020 pending on the file of second and third respondent Vigilance and Anti Corruption, Madurai Unit and to entrust the same to any other Vigilance and Anti Corruption Unit with a direction to investigate in to the matter in accordance with law.

For Petitioner : Mr.M.Ajmal Khan Senior Counsel for Mr.Sulthan Basha For Respondents : Mr.S.Ravi Additional Public Prosecutor 1/3

ORDER

This petition has been filed seeking to withdraw and transfer the investigation in Crime No.7 of 2020 pending on the file of respondents 2 and 3 Vigilance and Anti Corruption, Madurai Unit and to entrust the same to any other Vigilance and Anti Corruption Unit with a direction to investigate into the matter in accordance with law.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that with regard to the possession of unaccounted assets, a case in Crime No.07 of 2020 was registered against the petitioner and the case is being investigated by an officer at (*)Madurai Detachment of DVAC and after investigation, final report has also been filed. It has been stated that recommendation has been made to take departmental action against the petitioner in the disciplinary Tribunal and the same is sent to the higher officials for approval.

3. In the light of the submission made by the learned Additional Public Prosecutor, this Court finds that nothing survives for further consideration in this petition.

4. Accordingly, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AE) (*)Corrected as per order of this Court dated 29/04/2022 made in Crl OP(MD)No.12771 of 2021 Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi To (*)To be Substituted to the order which already despatched on 25/04/2022

1. The Director Vigilance and Anticorruption Department, No.293, MKN Road, Alanthur, Chennai.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Madurai District, Madurai.

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3. The Inspector of Police, Vigilance and Anti Corruption, Madurai.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-12678[F] dated 17/03/2022 ) 16.03.2022 RK(20/04/2022) 3P 6C MGJ(16.05.2022) 3P 6C 3/3