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Madras High CourtCRL OP(MD)/20080/2023disposed of

R.Subramanian v. The Director

2023-11-08Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN R.Subramanian

...Petitioner

Vs.

1.The Director, Directorate office, Directorate of vigilance and anti Corruption, Door.No.293, MKN Road, Collectors Nagar, Alandur, Ramapuram, Chennai - 600 016 2.The Inspector of Police, Director of Vigilance and Anti Corruption, Door.No.1/165G, Alagar Kovil Main Road, Mellur, Ramaond Reserve Line, Race Course Colony, Madurai - 65 002.

3.Hidayathulla .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the 1st and 2nd respondent to make further enquiry in the Commissions of offence committed by the 3rd respondent as pointed out in the judgment passed in C.C.No.191 of 2009 on the file of the Judicial 1/5

Magistrate Court, Thirumangalam and file a report as confirmed in the judgment in C.A.No.44 of 2017 and C.A.No.47 of 2017 on the file of the IV Additional District Judge, Madurai and take action against the 3rd respondent.

For Petitioner : Mr.N. Vallinayagam For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for issuing a direction to the 1st and 2nd respondent to make further enquiry in the Commissions of offence committed by the 3rd respondent as pointed out in the judgment passed in C.C.No.191 of 2009 on the file of the Judicial Magistrate Court, Thirumangalam and file a report as confirmed in the judgment in C.A.No.44 of 2017 and C.A.No.47 of 2017 on the file of the IV Additional District Judge, Madurai and take action against the 3rd respondent.

2. The learned counsel appearing for the petitioner would submit that in pursuance of the order passed by the trial Court in C.C.No. 2/5

191 of 2009, the proper complaint was given by the petitioner. Without any proper enquiry, the matter is kept pending.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that based on the complaint given by the petitioner enquiry was undertaken and the order has also been passed by the second respondent police on 23.11.2022 stating that there is no prima facie ground to take action against the third respondent and on that ground the said complaint was also closed and the copy of the closure report also given to the petitioner.

4. In view of the said submission, nothing survives for adjudication in this petition. If the petitioner is aggrieved over the same, he can workout the remedy through appropriate proceedings.

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

08.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/5

To 1.The Director, Directorate office, Directorate of vigilance and anti Corruption, Door.No.293, MKN Road, Collectors Nagar, Alandur, Ramapuram, Chennai - 600 016 2.The Inspector of Police, Director of Vigilance and Anti Corruption, Door.No.1/165G, Alagar Kovil Main Road, Mellur, Ramaond Reserve Line, Race Course Colony, Madurai - 65 002.

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

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G.ILANGOVAN,J trp Order made in Dated :08.11.2023 5/5