Madras High Court
Ramachandran vs The Superintendent Of Police on 16 August, 2024
Crl.O.P.(MD)No.9491 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 01.08.2024
Pronounced on : 16.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.O.P.(MD)No.9491 of 2024
Ramachandran ... Petitioner
Vs.
1.The Superintendent of Police,
O/o. The Superintendent of Police,
Thanjavur District.
2.The Deputy Superintendent of Police,
Vigilance and Anti Corruption,
Thanjavur District.
3.The Inspector of Police,
Vigilance and Anti Corruption,
Thanjavur District.
(Crime No.4 of 2019) ... Respondents
PRAYER: Criminal Revision filed under Section 482 of the Criminal
Procedure Code, to transfer the investigation of the case in Crime No.4 of
2019 on the file of the second respondent to any other investigating agency.
For Petitioner : Mr.K.Navaneetharaja
For Respondents : Mr.S.Ravi
Additional Public Prosecutor
for R1
Page No.1/7
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Crl.O.P.(MD)No.9491 of 2024
ORDER
This criminal original petition has been filed by the complainant in
Crime No. 4 of 2019 on the file of the respondent police to transfer the
investigation to some other agency.
2.The petitioner is the secretary of a political party. He made a
complaint to the respondent police relating to misappropriation of various
Government funds under the Pradhan Mandhiri Awas Yojana Gramin
(PMAY) and Swach Bharath Mission Scheme, implemented in
Vendayampatti Village Panchayat of Budalur Panchayat Union at Thanjavur
District during 2016-2017. The respondent police registered a case in the
abvoe Crime No. 4 of 2019 for the offence under Sections 120 (b), 467, 468
and 471 of I.P.C., r/w. 13(1)(c) r/w 13 (2) of the Prevention of Corruption Act
and also 109 of I.P.C. After the registration of the case, there was no progress
in the investigation and hence, he filed Crl.O.P.(MD).No.18020 of 2019 to
expedite investigation. This Court recorded the submission of the Learned
Additional Public Prosecutor that the investigating agency would complete
the investigation within 1 year and closed the same by order dated
03.12.2019.
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3. Even after that there was no progress and final report has not been
filed and hence, he has filed the present criminal original petition to transfer
the case to the some other agency.
4.The Learned Additional Public Prosecutor on instruction, submitted
that, the case of the petitioner that the investigation has been not completed is
not correct. The investigation was completed and the negative final report has
been prepared recommending departmental proceedings. The respondent
police is going to file the final report before the competent special Court. At
this stage, this petition is not maintainable.
5. This Court considered the rival submission made on either side and
perused the records.
6. The respondent police registered the case on the basis of the
complaint given by the petitioner under Sections 120 (b), 467, 468 and 471
of I.P.C. r/w. 13(1)(c) r/w. 13 (2) of the Prevention of Corruption Act and also
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109 of I.P.C. Now, the investigating agency submitted that they have closed
the case recommending initiate department proceedings. But, the said final
report was not filed before the competent Court. Therefore, this Court
inclines to issue a direction to the Special Court to issue notice to the
petitioner before taking decision on the said negative report. The Hon’ble
Supreme Court in the judgment in the case of Bhagwant Singh v.
Commissioner of Police and another, reported in AIR 1985 SC 1285, has
held that before closing the case on the basis of the negative report of the
investigating agency, notice is to be issued to the defacto complainant and
should take decision after hearing the defacto complainant.
7. Accordingly, this criminal original petition is disposed of with the
following directions :
7.1. The investigating agency is directed to file the final report in
Crime No. 4 of 2019 on the file of Special Judge Chief Judicial Magistrate,
Thanjavur, within a period of one month from the date of receipt of a copy of
this order.
7.2. The learned special judge is hereby directed to issue notice to the
defacto complainant with a copy of negative report and hear him by giving
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adequate opportunity to him and thereafter, take a decision either to accept
the negative final report or issue direction to conduct further investigation as
per law.
16.08.2024
NCC : Yes/No
Index :Yes/No
Internet :Yes/No
vsg
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To
1.The Superintendent of Police,
O/o. The Superintendent of Police,
Thanjavur District.
2.The Deputy Superintendent of Police,
Vigilance and Anti Corruption,
Thanjavur District.
3.The Inspector of Police,
Vigilance and Anti Corruption,
Thanjavur District.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
5. The Section Officer,
Criminal Section(Records),
Madurai Bench of Madras High Court,
Madurai.
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K.K.RAMAKRISHNAN, J.
vsg
Predelivery order made in
16.08.2024
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