Former Madurai Collector Anshul Mishra, now Private Secretary to Union Minister of State for Finance Jayant Sinha, has filed a petition in the Madras High Court Bench here seeking to expunge adverse remarks made against him by Judicial Magistrate Mahendra Boopathy (now under suspension) on March 29 in a case related to the multi-crore granite scam in the district.
Mr. Mishra also challenged the Magistrate’s direction to initiate criminal prosecution against him and two Special Public Prosecutors (SPPs) for having filed two private complaints against granite quarry lessees on July 18, 2013 by identifying himself as Collector of Madurai though he got transferred from the post on July 7, 2013 itself.
Pointing out that prosecution had been ordered and adverse remarks made without giving him an opportunity to explain his stand, the IAS officer said that he had signed the documents on two complaints on July 4, 2013 whereas the SPPs had taken time to present those documents before the Magistrate after collection of supporting materials.
Appeal
In the meantime, the State too preferred an appeal in the High Court against the Magistrate’s March 29 order acquitting both the granite quarry lessees of the charges levelled against them in the private complaints.
However, the High Court Registry returned the papers on the ground that the order must be first challenged before a Sessions Court.
Mr. Boopathy had acquitted the lessees and made adverse remarks against the prosecution just days after the Madras High Court Bench here had proposed either contempt or disciplinary proceedings against him after “smelling rat” in the way he handled illegal granite quarry cases booked within his territorial jurisdiction in Melur taluk, a hotbed of granite mines in the district.
On April 1, the High Court passed an order on its administrative side placing Mr. Boopathy under suspension until the completion of a detailed enquiry into allegations against him.
Anshul Mishra challenges the Magistrate’s direction to initiate criminal prosecution against him and two Special Public Prosecutors
