IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.11.2017 CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25048 of 2017 A.H.Amirsyed .. Petitioner Vs.
The Director, Directorate of Vigilance and Anti Corruption, Alandur, Chennai 600 016 .. Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to issue a direction to the respondent herein to register the case based upon the complaint received by the respondent on 25.10.2017.
For Petitioner : Mr.SS.Madhavan For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor. (Criminal Side)
ORDER
Seeking to issue a direction to the respondent herein to register the case based upon the complaint received by the respondent on 25.10.2017, the petitioner is before this Court with this petition.
2. The present Criminal Original Petition has been filed by the petitioner who claims himself as a social activist and has alleged a complaint against one Balasubramanian, working as Executive Engineer, Public Works Department, Mel Pennaiyar Basin Division, Dharmapuri. The petitioner alleged that Balasubramanian being a public servant has amassed wealth in the name of his second wife, by name Amutha. In the affidavit filed by the petitioner, neither he has disposed about his credentials nor about the allegations made against Balasubramanian regarding the marriage of Amutha as his second wife. With these allegations, he has sent a complaint to the Head Quarters, Directorate of Vigilance and Anti Corruption on 23.10.2017.
3. From the postal tracking documents submitted, it appears that the respondent has received the cover only on 24.10.2017. Even without giving a breathing time for the investigating agency to conduct a primary enquiry, the petitioner has rushed to this Court praying to issue a direction to the respondent to register the complaint. The learned counsel for the petitioner when questioned
DR.G.JAYACHANDRAN.J,
sts regarding the urgency shown for registering the complaint, has replied that Balasubramanian being a public servant is likely to retire this month and hence, before his retirement action must be taken against him.
4. The learned Additional Public Prosecutor (criminal side) representing on behalf of the respondent submitted that the case will be registered as soon as the complaint is received and they will act in accordance with law and report the result to the de-facto complainant.
5. This Court is satisfied with the representation made by the learned Additional Public Prosecutor(criminal side). Accordingly, this Criminal Original Petition is dismissed.
20.11.2017
DR.G.JAYACHANDRAN.J,
sts To
1. The Deputy Superintendent of Police, Vigilance and Anti Corruption Wing, Krishnagiri
2. The Public Prosecutor, High Court, Madras.
Order in
Crl.O.P.No.25048 of 2017
20.11.2017