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N. ANAND VENKATESH
R. S. Bharathi, Member of Parliament, Organising Secretary, Dravida Munnetra Khazagam, Anna Arivalayam, Chennai – Appellant
Versus
Director of Vigilance & Anti Corruption, Chennai – Respondent
JUDGMENT
(Prayer: Petition under Section 482 of the Criminal Procedure Code to direct the first respondent to register and investigate the complaint dated 13.6.2018.)
Heard Mr.N.R.Elango, learned Senior Counsel appearing on behalf of the petitioner, Mr.Hasan Mohamed Jinnah, learned State Public Prosecutor appearing for the first respondent and Mr.C.Ariyama Sundram, learned Senior Counsel appearing on behalf of the second respondent.
2. The above criminal original petition was filed by the petitioner seeking to direct the first respondent to register and investigate the complaint dated 13.6.2018.
3. The brief facts of the case are as stated hereunder :
(i) This petition was disposed of on 12.10.2018 after contest by a learned Single Judge of this Court directing the first respondent to hand over investigation to the Central Bureau of Investigation (CBI) and further directing the CBI to conduct the preliminary inquiry within a period of three months. It was made clear in the said order dated 12.10.2018 that if the preliminary inquiry disclosed any cognizable offence, the CBI was further directed to register a case and proceed further in accordance with law.
The impact of change in government on legal proceedings and the need for decisions to be based on statutory provisions, reasonableness, and public interest.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
The court ruled that serious allegations of corporate malfeasance necessitate thorough investigation despite initial closure due to insufficient evidence, asserting the scope of further investigation....
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The court ruled that a de-novo enquiry cannot be initiated based on a previously quashed charge-sheet, necessitating a fresh charge-sheet for any new proceedings.
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