CRL.O.P(MD).No.10458 of 2022 K.K.RAMAKRISHNAN, J., This petition has been filed to quash the FIR in Crime No. 1 of 2017, dated 13.02.2017 on the file of the first respondent police.

CRL.O.P(MD).No.10458 of 2022

K.K.RAMAKRISHNAN, J.,

This petition has been filed to quash the FIR in Crime No. 1 of 2017, dated 13.02.2017 on the file of the first respondent police.

2. Earlier, this petitioner approached this Court along with other accused to quash the FIR. This Court by order, dated 23.08.2017 in Crl.O.P(MD).Nos.8032 and 9996 of 2017 has passed the following order:

“7. In the above circumstances, since the above order has become final and the petitioners did not challenge the above said order, they cannot raise all these grounds at this stage to quash the First Information Report. However, since the investigation is almost completed, the first respondent is directed to complete the investigation in Crime No.1 of 2017 and file final report within a period of four months from the date of receipt of a copy of this order.”

3. The delay of nearly six years in filing the final report inspite of the direction issued by this Court in the year 2017, shocks the judicial conscious of this Court. Every day this Court as well as the Government expressed their views about the arrest of the corrupt in the interest of the general public. That is why in the corruption cases, the law Courts direct the investigation agency to file the final report within the stipulated time and trial to be conducted without any delay.

4. That being so, in every vigilance case filed by the respondent department, final report has not been filed within a reasonable time. The Department has taken minimum two years for filing the final report without any bonafide reason on its part. Every year, the department seems to be register nearly around 130 cases. For that purpose, they have the detachment in every district under the active supervision of the Deputy Superintendent of Police. Almost in all cases, the department has taken a lethargic attitude in filing the final report and the same is clearly evident from the lethargic attitude of the investigating officer in this case in not filing the final report from the year 2017onwards.

5. In the vigilance department, the investigation officer does not file the final report without concurrence of the Director of the Department. So the Director is duty bound to see that the final report is filed within reasonable time. More particularly, when this Court issued a direction to file the final report within a stipulated time, the department should be more vigilant in filing the final report within the said stipulated time. The purpose behind the filing of final report within the stipulated time is not only in the interest of the society but also to safeguard the witnesses from the natural decay of their memory relating to the incident witnessed by them. It is noted that in number of cases,witnesses have died before commencement of trial.

6. In many cases, the department registers the case during the service of the corrupt Government servant. They file the final report on the verge of his retirement and they would commence the trial after the retirement of the Government servant. During the relevant period accused are freely allowed to live with receipt of subsistence allowance under the guise of suspension which according to this Court amounts to the grant of premium to the accused officer.

7. In this case, this Court passed the order on 17.07.2007 in Crl.O.P(MD)No.9996 of 2017 with a direction to complete the investigation within a period of four months from the date of receipt of the order copy. Even after the expiry of nearly six years, the final report has not filed by the investigation officer. In the said circumstances, the said prolonged innings on the part of the department in consuming unreasonable time in filing the final report could not be allowed at any cost and hence, this Court directed the Director, Vigilance and Anti Corruption Department, Chennai, to appear either in person or through video conference before this Court on 17.07.2023 with explanatory affidavit for the delay in filing the above final report in Crime No.1 of 2017 on the file of Vigilance and Anti corruption Department, Madurai and non-compliance of the direction of this Court passed in Crl.O.P(MD)No.9996 of 2017.
Post on 17.07.2023.

03.07.2023

trp/PJL
Note:Issue order copy on 05.07.2023.

The Director,
Vigilance and Anti Corruption Department,
No.293, MKN Road,
Alandur, Chennai-600 016.

K.K.RAMAKRISHNAN, J.,
trp

CRL.O.P(MD).No.10458 of 2022

03.07.2023