K.Pandiarajan vs The Deputy Superintendent Of Police
2024 Latest Caselaw 8601 Mad

Madras High Court

K.Pandiarajan vs The Deputy Superintendent Of Police on 5 June, 2024

                                                                                    Crl.RC.No.685 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 05.06.2024

                                                           CORAM :

                         THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH

                                                     Crl.RC.No.685 of 2024

                    1. K.Pandiarajan
                    2. P.Chitra
                    3. P.A.Sivashankarai                                              ...Petitioners

                                                              Vs.

                    1.The Deputy Superintendent of Police
                    Vigilance and Anticorruption
                    Chennai Division – IV
                    Chennai.                                                           ...Respondent

                    Prayer: Criminal Revision is filed Under Section 397 r/w.401 Cr.PC to

                    set aside the judgment made in Crl.MP.No.1041 of 2023 in

                    CR.No.03/AC/2018/CC-IV on the file of the Special Court for the cases

                    under Prevention of Corruption, Chennai dated 25.09.2023 and order to

                    return the property as mentioned in schedule of property as per the

                    inventory Mahazar serial numbers 35, 40, 42, 47 to 51 and 64 to 68, 69

                    and 71 to 81 (Except Sl.No.78) under section 451 Cr.PC.

                                   For Petitioners       : Mr.C.S.S.Pillai
                                   For respondent        : Mr.S.Santhosh, Govt Adv.(Crl.side)


https://www.mhc.tn.gov.in/judis

                    Page 1 of 5
                                                                                 Crl.RC.No.685 of 2024




                                                        ORDER

This criminal revision has been filed to set aside the judgment

made in Crl.MP.No.1041 of 2023 in CR.No.03/AC/2018/CC-IV passed by

the Special Court for the cases under Prevention of Corruption, Chennai

dated 25.09.2023 and order to return the property as mentioned in

schedule of property as per the inventory Mahazar serial numbers 35, 40,

42, 47 to 51 and 64 to 68, 69 and 71 to 81 (Except Sl.No.78) under section

451 Cr.PC.

2. Heard the learned counsel for the petitioners and the learned

Government Advocate (Criminal side) appearing for the State.

3. When the revision is taken up for hearing, the learned

Government Advocate (criminal side) would submit that the disciplinary

proceeding is pending before the Additional Chief Secretary/Chairman

and Managing Director, Tamil Nadu Generation & Distribution

Corporation Limited, Chennai – 2, against the petitioners and seeks three

months time to conclude the disciplinary proceedings. It is further

submitted that the criminal action against the petitioners has been dropped

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and all the instruments which are in the possession of the Court will be

handed over to the petitioners.

4. In the meanwhile, the learned counsel for the petitioners

undertakes that the petitioners will file an affidavit of undertaking to the

effect that the property/documents which are in the custody of the Court

will not be alienated in any manner or whatsoever nature.

5. Considering the submissions made on either side and also

taking notice of the fact that the criminal action has been dropped as

against the petitioners, this Court directs the disciplinary authority shall

conclude the enquiry/disciplinary proceedings against the petitioners

within a period of three months from the date of receipt of a certified copy

of this order and also the Court concerned shall handover the items

mentioned in Inventory Mahazar Sl.Nos.35, 40, 42, 47 to 51, 64 to 69, and

71 to 77 and 79 to 81 to the petitioners, after obtaining due affidavit of

undertaking from the petitioners.

6. With the above directions, the criminal revision is disposed of.

05.06.2024 tsh Internet : Yes https://www.mhc.tn.gov.in/judis

Index : Yes Speaking order : Yes / No To The Special Court for the cases under Prevention of Corruption, Chennai.

https://www.mhc.tn.gov.in/judis

VIVEK KUMAR SINGH, J.

tsh

05.06.2024

https://www.mhc.tn.gov.in/judis