Single judge of Madras HC disposed of a Cr.O.P. seeking direction to register an FIR. The court found the complaint did not disclose specific cognizable offences or a specific incident of demand/acceptance of gratification. No explicit direction was granted to register the FIR.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.8882 of 2018
Y.Akbar Ahmed ... Petitioner
Vs.
1 Directorate of Vigilance and Anti-Corruption,
No.293, MKN Road, Alandur,
Chennai-600 016.
2 The Principal Secretary,
Home Department, Chennai-600 009.
3 The Commissioner of Police,
Vepery, Chennai-600 007. ... Respondents
Prayer: Criminal original petition filed under Section 482 of Criminal Procedure Code, praying for direction to direct the 1 st and 3 rd respondents herein to register an FIR in the complaint dated 06.09.2017 preferred by the petitioner.
For Petitioner : Mr.Y.Akbar Ahmed Party-in-person
For Respondents : Mr.K.Prabakar
Additional Public Prosecutor
ORDER
This petition is filed seeking direction of this Court to direct the 1 st and 3 rd respondents herein to register an FIR in the complaint dated 06.09.2017 preferred by the petitioner.
2 Heard the petitioner / party-in-person. His grievance is that on 06.09.2017, he has forwarded the complaint to the Director of Vigilance and Anti Corruption alleging corrupt practice and acceptance of gratification by one Mr. Selvin Santhakumar, Inspector of Police(L&O) and Mr.Mohan Das,
Assistant Commissioner of Police, St.Thomas Mount Police Station, Chennai-16.
3 The Director of Vigilance and Anti Corruption after going through the complaint has found that the complaint does not disclose any specific cognizable offence and therefore, forwarded the same to the Commissioner of Police to look into the matter and to act upon such petition. This communication letter of the Director of Vigilance and Anti Corruption dated 13.09.2017 has also been marked to the petitioner herein.
4 Now, the grievance of the petitioner is that the Commissioner of Police has not acted upon his complaint and therefore, the third respondent must be directed to register the complaint and to investigate the same. 5 On perusal of the complaint, the same does not disclose any specific incident of demand or acceptance of gratification by the named police officials. If the complaint dated **06.09.2017* discloses any other offences, and same not investigated, the third respondent shall complete the enquiry and act as per law. 6 With the above observation, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar(CS VI) dt.06/04/2018 *Corrected order issued on 28.4.2018 //True Copy// Sub Assistant Registrar rpl To 1 Directorate of Vigilance and To be substituted to the Anti-Corruption, order copy already No.293, MKN Road, Alandur, despatched on 26.4.2018 Chennai-600 016. 2 The Principal Secretary, Home Department, Chennai-600 009. 3 The Commissioner of Police, Vepery, Chennai-600 007.
+1cc to Mr.Akbar Ahamed, Advocate Sr.No.22248
VGII(co) sm:9.4.2018 sm:28.4.2018
Crl.O.P.No.8882 of 2018 1/2
1 issue framed by the court
Whether the Court should direct competent authorities to register an FIR based on a complaint alleging corruption by police officials.
1 provisions across 1 enactments
Y Akbar Ahmed
Directorate of Vigilance and Anti-Corruption
Principal Secretary, Home Department
Commissioner of Police, Vepery
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
