Madras High CourtCRL OP/15786/2021dismissed

S.Ramachandran v. The Deputy Superintendent Of Police

2021-11-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN Crl.O.P.No.15786 of 2021 and Crl.M.P.No.8604 of 2021 S. Ramachandran

...Petitioner

Vs State by 1.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Krishnagiri, Krishnagiri District.

(Cr. No.1/AC/2019/KG) 2.V.Jayashankar

...Respondents

Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the entire records concerned in C.C.No.11 of 2019 on the file of the Chief Judicial Magistrate, Krishnagiri, Krishnagiri District and quash the same in so far as the petitioner is concerned.

For petitioner ... Mr.C. Prakasam For respondent ...

Mr. C.E. Pratap, Government Advocate for Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.11 of 2019 pending on the file of the Chief Judicial Magistrate, Krishnagiri, Krishnagiri District.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a Secretary in the Co-operative Society and he is not a public servant and hence, Prevention of Corruption Act is not attracted against him.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned Government Advocate appearing for the respondent and perused the materials available on records carefully.

4. Considering the fact that crime has been registered against the petitioner under Section 7(A) of the Prevention of Corruption Act 2018, for which, the accused need not be a public servant. In view of the same, the contention of the petitioner cannot be countenanced and hence, this petition is liable to be dismissed.

5. Accordingly, this Criminal Original Petition is dismissed. The petitioner is at liberty to raise all the defence available to him before the Trial Court. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar mrp To 1.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Krishnagiri, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15786 of 2021 BP (CO) PR (16/12/2021) https://hcservices.ecourts.gov.in/hcservices/