Filings a writ petition, the petitioner sought action against police officers for alleged bribe-taking. The Court directed the Commissioner of Police to apply Section 17A of the Prevention of Corruption Act, 1988, and the Directorate to proceed with the complaint upon approval.
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W.P.No.37324 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.12.2024
CORAM : MR.J USTICE N.SESHASAYEE
W.P.No.37324 of 2024
Vigneshwaran ... Petitioner
Vs.
1.The Director The Directorate of Vigilance and Anti Corruption No.293, MKN Road Alandur Chennai 600 016 2.The Commissioner of Police Avadi City Avadi 3.The Inspector of Police T-15, SRMC Iyappanthangal Police Station Iyappanthangal Chennai 4.Viswanathan 5.Prabakaran 6.Manimaran ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing the 1st respondent to take action against the respondents 3 to 6 for unlawfully demanding and
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W.P.No.37324 of 2024
receiving bribe money from the petitioner by threat and coercion based on the complaint dated 23.09.2024 given by the petitioner.
For Petitioner : Mr.P.Sureshkumar
For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
ORDER
The petition is filed for a direction to the 1st respondent to take action against
certain officers. The learned Prosecutor makes a preliminary statement on instruction that the matter is now in Section 17A stage.
2.The 2nd respondent, the authority constituted for the purpose of providing approval under Sec.17A of the Prevention of Corruption Act, 1988, is now required to apply his mind to the nature of allegations and to lay his hands on as much of material as is necessary to ensure doubly and to ascertain whether it is fit enough a case for investigation. He is also required to keep a tab on the time line prescribed U/s.17A of the Prevention of Corruption Act, 1988.
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W.P.No.37324 of 2024
4.This petition stands disposed of accordingly.
19.12.2024
kas Index: Yes / No Neutral Citation To 1.The Director The Directorate of Vigilance and Anti Corruption No.293, MKN Road Alandur Chennai 600 016 2.The Commissioner of Police Avadi City Avadi 3.The Public Prosecutor High Court of Madras Chennai 600 104
W.P.No.37324 of 2024
N.SESHASAYEE, J.
kas
W.P.No.37324 of 2024
19.12.2024
2 issues framed by the court
Whether the vigilance authority is directed to consider Section 17A approval for initiating investigation.
Whether the Directorate of Vigilance and Anti Corruption is directed to proceed with the complaint if Section 17A approval is granted.
2 provisions across 2 enactments
Vigneshwaran
The Director The Directorate of Vigilance and Anti Corruption
The Commissioner of Police Avadi City
The Inspector of Police T-15 SRMC
Viswanathan
Prabakaran
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
