Madras High Court
H.Sathak Ahmed Shaw vs The Registrar on 4 March, 2022
W.P. No.28404 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022
CORAM :
THE HON'BLE MR. JUSTICE T. RAJA
AND
THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P. No.28404 of 2021
and
W.M.P.Nos.29997 of 2021 & 4984 of 2022
H.Sathak Ahmed Shaw ... Petitioner
Vs.
1.The Registrar,
Vigilance,
Madras High Court,
Chennai.
2.The Inspector of Police,
CCB, Chennai.
3.Tmt.Mavis Deepika Sundaravadhana,
Principal District and Sessions Judge,
Chengalpattu. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 1st respondent to conduct enquiry
on the complaint dated 12.11.2021 and take necessary action in accordance
with law.
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W.P. No.28404 of 2021
For Petitioner : Mr.S.Doraisamy
For R1 : Mr.Fakkir Mohideen
Standing Counsel
For Petitioner : Mr.B.Sathish Sundar
in W.M.P.No.4984 of 2022
ORDER
(Order of the Court was made by T.RAJA, J.)
H.Sathak Ahmed Shaw, S/o. Late.M.S.Hameed, has come to this
Court for issuance of a Writ of Mandamus under Article 226 of the Constitution
of India to direct the 1st respondent/Registrar (Vigilance), High Court, Madras,
to conduct an enquiry on the complaint, dated 12.11.2021, filed by the
petitioner's father Late.M.S.Hameed.
2.Mr.S.Doraisamy, learned counsel appearing for the petitioner
submitted that the petitioner's father filed a complaint before the Judicial
Magistrate, Alandur, for the alleged offences committed by one Dhanraj Kochar
and others. The learned Judicial Magistrate directed the Thuraipakkam Police
to register a case. Accordingly, the said Police registered a case in Crime
No.815 of 2006 on 04.08.2006 for the offences under Sections 408, 420, 468
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W.P. No.28404 of 2021
and 120-B IPC. After completion of the investigation, charge-sheet was filed
before the learned Judicial Magistrate, Alandur, in C.C.No.530 of 2007, dated
16.04.2007. Thereafter, the petitioner's father died on 22.08.2008. Hence, an
application was filed to implead the petitioner in the quash petition filed by the
accused in M.P.No.2 of 2015 in Crl.O.P.No.15866 of 2015, the same was
allowed by impleading the petitioner, by order dated 24.07.2015. The
petitioner, being the legal heir of the victim, has stepped into the shoes of his
father, who has filed the original complaint.
3.The learned counsel for the petitioner further submitted that, after
sometime, the trial Court on completion of the enquiry, passed an order holding
the accused A1 guilty of the proved charges and A1 was found guilty and
convicted for the offences under Sections 409 and 120-B IPC and A2, A3, A5,
A7 to A10 were also found guilty and convicted for the offences under Section
409 r/w.109 and 120-B IPC and sentenced them to undergo imprisonment for
three years and also to pay a fine of Rs.10,000/- each, in default, to undergo
imprisonment for three months, against which, an appeal was filed before the
Principal Sessions Court at Chengalpattu in Crl.A.No.82 of 2017. Since the
appeal was not disposed of, the petitioner filed a petition to expedite the appeal
in Crl.O.P.No.20159 of 2019 and an order was passed on 31.07.2019, giving
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W.P. No.28404 of 2021
direction to the learned Principal District and Sessions Judge to expedite the
appeal in Crl.A.No.82 of 2017 and complete the same within a period of three
months from the date of receipt of a copy of the order and also report before
this Court after completion of the same. Thereafter, the accused filed a petition
under Section 391 Cr.P.C. before the learned Principal District and Sessions
Judge at Chengalpattu to mark additional documents, the same was dismissed
by the learned Judge by order dated 08.12.2020. Thereafter, the accused filed
several petitions under Section 391 Cr.P.C. to drag on the appeal. Against the
above order of dismissal, the accused filed Criminal Revision Case before this
Court in Crl.R.C.No.1281 of 2020 and Crl.R.C.Nos.2, 5, 6, 7 of 2021 and
Crl.R.C.No.10 of 2021 before this Court and this Court, by order dated
05.08.2021, issued direction to the appellate Court to dispose of the appeal in
Crl.A.No.82 of 2017 on or before 30.09.2021 with a further direction to both
the counsel to extend their co-operation for effective compliance of the order.
4.The learned counsel would further submit that, after the appeal was
finally heard between 20.09.2021 to 22.09.2021, 28.09.2021, 29.09.2021 and
01.10.2021, the 3rd respondent posted the matter for pronouncing judgment on
27.10.2021. The judgment was not pronounced on the said date and it was
adjourned to 12.11.2021. Again on the said date, the judgment was not
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W.P. No.28404 of 2021
pronounced and was adjourned to 16.11.2021 by the 3rd respondent. When it is
not known what transpired not to dictate the judgment, finally, the case was
posted for judgment on 25.11.2021. On 25.11.2021 also, the judgment was not
pronounced and the above case was adjourned to 15.12.2021 by the 3rd
respondent without any reason. Therefore, the petitioner, entertaining
suspicion for continuous adjournments, made a complaint to the 1 st respondent
on 12.11.2021 to enquire the above allegation and take action. As there was a
delay, the petitioner has come to this Court.
5.Mr.Fakkir Mohideen, learned Standing Counsel appearing for the
1st respondent, submitted that, now the complaint given by the petitioner has
been taken up by the competent authorities, by which, the 1st
respondent/Registrar (Vigilance) has been directed to file verification report on
07.01.2022.
6.Since the complaint has been taken over by the Registrar
(Vigilance), High Court, Madras, nothing survives for further adjudication in
the matter. Therefore, this writ petition stands closed. No costs. Connected
miscellaneous petition in W.M.P.No.29997 of 2021 is also closed.
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W.P. No.28404 of 2021
7.Since the complaint has been taken over by the competent
authority, nothing survives in the impleading petition also. Therefore,
W.M.P.No.4984 of 2022 also stands closed.
(T.R., J.) (S.S.K., J.)
04.03.2022
mkn
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
1.The Registrar,
Vigilance,
Madras High Court,
Chennai.
2.The Inspector of Police,
CCB, Chennai.
https://www.mhc.tn.gov.in/judis
W.P. No.28404 of 2021
T. RAJA, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
mkn
W.P. No.28404 of 2021
04.03.2022
https://www.mhc.tn.gov.in/judis
