Dismissed

K.Subramanian v. the Director

Madras HC19 Aug 2013CRL OP(MD)/13524/2013

Case brief

AI extract

What is this about?

A money regularly filed under Section 482 Cr.P.C sought directions to register a case against the Commissioner of Municipality. The Court held no prima facie case existed for the Vigilance Department and directed the petitioner to approach the Commissioner of Municipal Administration and District Collector for redressal, refusing to register a criminal case.

What the court decided

AI extract

K.Subramanian Vs the Director — Writ and Judicial Review | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.08.2013

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CORAM:

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THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY

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CRL.O.P.(MD)No.13524 of 2013

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K.Subramanian ...Petitioner Vs. 1.The Director, Vigilance and Anti Corruption NCB-23, P.S.Kumaraswamy Raja Road, Chennai-600 028.

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2.The Superintendent of Police, Southern Range, Vigilance and Anti Corruption, NCB-23, P.S.Kumarasamy Raja Road, Chennai – 600 028.

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3.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Race Course Road, Anna Stadium Opposite, Tiruchirappalli-23.

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4.The Inspector of Police,

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Vigilance and Anti Corruption, Race Course Road, Anna Stadium Opposite, Tiruchirappalli-23.

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... Respondents

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PRAYER: Petition filed under Section 482 Cr.P.C to direct the fourth respondent to register a case against the proposed accused for offences under Sections 409, 420 r/w 120(B) of the Indian Penal Code and Section 7, 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 on basis of the complaint dated 08.07.2013 lodged by the petitioner and consequently, direct the third respondent to investigate the case in accordance with law.

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For Petitioner :Mr.D.Shanmugaraja Sethupathi For Respondents :Mr.K.V.Raja Rajan, Government Advocate (Crl.Side)

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ORDER

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The petitioner has come forward with this petition to direct the fourth respondent to register a case against the proposed accused for offences under Sections 409, 420 r/w 120(B) of the Indian Penal Code and Section 7, 13(1)(c), 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and consequently, direct the third respondent to investigate the case in accordance with law.

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2.The case of the petitioner is that he gave a complaint against the Commissioner of Municipality for allotting the houses not in accordance with rules. In turn, the Commissioner of Municipalities, after https://hcservices.ecourts.gov.in/hcservices/ enquiry, a report has also received by him, thereafter, no action has been taken by him. Hence, the petitioner has approached this Court by way of this petition.

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3.From the reading of the entire report, I do not think that it

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attracts any complaint can be stand before the respondent Vigilance Department. Anyhow, from the report it is seen that some irregularities have been committed at the time of allotment that is the contention made by the petitioner. In that case, the petitioner is directed to approach the Commissioner of Municipal Administration, Chennai and the District Collector for his redressal. In that event, the Commissioner of Municipal Administration, Chennai is directed to look into the matter.

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4.With this observation, this petition is disposed of. Sd/-

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Assistant Registrar(Writs)

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/True copy/

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Sub Assistant Registrar

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1.The Director, Vigilance and Anti Corruption NCB-23, P.S.Kumaraswamy Raja Road, Chennai-600 028.

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2.The Superintendent of Police, Southern Range,

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Vigilance and Anti Corruption, NCB-23, P.S.Kumarasamy Raja Road, Chennai – 600 028.

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3.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Race Course Road, Anna Stadium Opposite, Tiruchirappalli-23.

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4.The Inspector of Police, Vigilance and Anti Corruption, Race Course Road, Anna Stadium Opposite, Tiruchirappalli-23.

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5 The Addl.Public Proseuctor, Madurai Bench of Madras High Court,Madurai.

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The Commissioner, The Municipal Administrateion, Chennai.

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+1cc to Mr.D.Shanmugaraja Sethupathi, Advocate in Sr.41093

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CRL.O.P.(MD)No.13524 of 2013 19.08.2013

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sms

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pbk 21/09/2013 ::2p-8c:

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https://hcservices.ecourts.gov.in/hcservices/

K.Subramanian v. the Director

Case brief

What is this about?

What the court decided

K.Subramanian v. the Director

Case brief

What is this about?

What the court decided

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