R. Ramachandran v. The Deputy Superintendent Of Police

Crl.O.P.(MD) No.18020 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.12.2019

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR CRL.O.P (MD) No.18020 of 2019 R.Ramachandran ...

Petitioner Vs State rep. by The Deputy Superintendent of Police, Vigilance & Anti Corruption, Thanjavur.

... Respondent PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to direct the respondent to file final report in crime No.4 of 2019 on the file of the respondent within a reasonable time to be granted by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.M.Chandrasekaran, APP

O R D E R

This petition has been filed to direct the respondent to file final report in crime No.4 of 2019 on the file of the respondent within a reasonable time to be granted by this Court. 2.On the complaint of the petitioner, a case came to be registered in crime No.4 of 2019 for offences under Sections 120(b), 467, 468 and 371 IPC and 13(1)((c) read with 13(2) of Prevention of Corruption Act read with 109 IPC against 4 named accused and other with regard to construction of house under Prime Minister's Housing Scheme for rural people. Earlier, the petitioner had approached this Court on the writ jurisdiction, wherein, the District Collector, Thanjavur was directed to take action. On the direction, the Assistant Director of Audit, Rural Development, Thanjavur had conducted the audit and found some misappropriation of funds. 3.

It is now submitted by the petitioner that the enquiry was completed by the audit authorities and the respondent ought to have completed the investigation at the earliest, but for the reasons best known, they are yet to file the charge sheet in this case. 4.The learned Additional Public Prosecutor submits that in this case, after FIR came to be registered on 03.06.2019, investigation has been carried out, so far 25 witnesses have been examined. In this case, collection of documents and examination of the witnesses are to be done with regard to three department officials and the documents are voluminous, which has to be verified. Further,, https://hcservices.ecourts.gov.

Crl.O.P.(MD) No.18020 of 2019 witnesses have to be examined in connection with the same. It is a long process and some of the documents have to be sent to forensic study, roughly 100 more witnesses are to be examined. On completion of the investigation, sanction for prosecution to be obtained, the investigation agency is taking all earnest steps to conclude the investigation. Though it would not be appropriate to fix any time limit in such cases, the Additional Public Prosecutor submits that the investigation agency would complete the investigation within a period of one year.

5.Recording the said submission, this petition is closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) ARUL To 1.The Deputy Superintendent of Police, Vigilance & Anti Corruption, Thanjavur.

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

+1cc to Mr.P.Ganapathi Subramanian, Advocate, Sr.No.103464/19 Order made in CRL.O.P (MD) No.18020 of 2019 03.12.2019 SMA/13/12/19/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2