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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. JUSTICE SHAMIM AHMED, J
G.saravanan – Appellant
Versus
Director, Directorate Of Vigilance And Anti-corruption – Respondent
| Table of Content |
|---|
| 1. misappropriation of funds (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's representation (Para 8 , 9 , 10) |
| 3. fair investigation necessity (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. jurisdiction of magistrate (Para 27 , 28 , 29) |
ORDER :
The facts in brief enclosed in the affidavit of the writ petition are as follows:
3. On perusal of the vendor registration and status report of Periyeri Village, several payment vouchers were raised for the financial year 2023-2024 in the name of "Sai Electricals Gowsika" for a sum of Rs.20,25,108/-. The "Sai Electricals Gowsika" is in the name of one Mrs.Gowsika Navarathinaraj, the wife of Vice President of Periyeri Village Panchayat, Mr. Praveenkumar. The Vice President of Periyeri Village Panchayat, had transferred the funds of the said village to "Sai Electrical" by raising false vouchers in the guise of expenditures of said village.
5. Mr.Pon.Perumal, a resident of the village had sent his representation dated 22.05.2024 to the 2nd Respondent about the misappropriation and financial frauds involved by the authorities of the village Panchayat. The 2nd Respondent, forwarded the said compla
The court ruled that aggrieved parties must seek investigation remedies through the Magistrate under Section 175(3) of the BNSS, 2023, rather than filing writ petitions under Article 226.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
The duty of the Investigating Officer to find the truth, the powers of the Magistrate to ensure proper investigation, and the importance of fair and just investigation under Article 21 of the Constit....
The Magistrate has discretion under Section 175(3) of the BNSS to decide whether to register an FIR based on the application, assessing whether a cognizable offense is made out.
The Magistrate has discretion under Section 156(3) of Cr.P.C. to determine the necessity of police investigation based on the nature of allegations and available evidence.
The Magistrate has discretion under Section 156(3) of the CrPC to determine whether to direct an investigation, particularly in civil disputes masquerading as criminal matters.
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