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Madras High CourtCRL OP/23667/2016dismissed

P.Murugan Aged 54 Yrs v. The Inspector Of Police

2016-10-24Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2016

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P. No.23667 of 2016 P.Murugan ... Petitioner Vs

1. State Rep.by The Inspector of Police, Vigilance and Anti Corruption, Namakkal, Namakkal District 637 001.

2. Shanthi ... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., pleased to pass an order and call for the charge sheet in crime no.05/2015, SPL CC:10/2015 dated 31.07.2015 and quash the same pending before the Chief Judicial Magistrate, Namakkal District.

For Petitioner : Mr. Veangai I.Prakash Raj For 1st Respondent : Mr. P.Govindarajan, Additional Public Prosecutor

O R D E R

This petition has been filed to call for the Charge Sheet in Crime No:05/2015 SPL CC:10/2015 dated 31.07.2015 and quash the same pending before the Chief Judicial Magistrate, Namakkal District.

2. The case of the petitioner as per the charge sheet is that according to the petitioner he was working as a Personal Assistant (Noon Meal Program) to the District Collector, Namakkal district. During the period from 11.05.2012 till 26.02.2014 during his entire tenure he was discharging his duty sincerely without even an adverse remark in his name. Immediately without a proper preliminary investigation on the complaint made by the Defacto Complainant the VAC, Namakkal had registered a FIR vide No:2/AC/14 dated 26.02.2014 dated 14:00 hrs and also had set up a trap on 26.02.2014 and had arrested the petitioner on the same day for the offences punishable U/s.7 and 13(2) R/w 3(1) (d) of the Prevention of Corruption Act, 1998 at about 17:30 hrs and charge sheet was

filed against me as Crime No:05/15 dated 31.07.2015. Spl.CC:10 of 2015.

3. The petitioner was charged with an offence U/s.7 of the Prevention of Corruption act most important element is "A motive or reward for doing" in the instance case the motive was not at all established the petitioner had noted down no remarks in his personal diary or in the visit register during his visit on 13.08.2013. Therefore there was no motive with the petitioner for getting a reward because if he expects for a reward it should have been accomplished within the next month when the provisions/groceries are disbursed. Therefore the petitioner has filed this petition to quash the charge sheet filed against this accused in crime no:05/15 dated 31.07.2015 Spl.CC.10 of 2015

4. Heard both sides

5. The learned counsel for the petitioner submitted that petitioner was formerly a Personal Assistant to the District Collector (Noon Meal), Namakkal District. According to the petitioner, he has no material to show that he has committed an offence U/s.7 and 13(2) R/w.3(1) (d) of the prevention of corruption Act, 1988. Then the charge sheet filed against him is liable to be quashed.

6. Learned Additional Public Prosecutor would submit that the investigation reveals that materials available on records and therefore, charge sheet has been filed against the petitioner. He further would submit that after filing the charge sheet the case was taken on file. Subsequently charges were framed P.W.1 was examined. P.W.2 was examined in chief. Under the said circumstances this petition is not maintainable.

7. Considering the facts and circumstances of the case that the charge sheet was taken on file in Crime No:05/15 dated 31.07.2015. Spl.CC:10 of 2015 on the file of the Chief Judicial Magistrate, Namakkal. Subsequently, the trial Court has found that there was enough materials to frame the charges and he framed the charges against the accused and trial also commenced. PW.1 was examined, PW2 has been examined in chief.

8. Under these circumstances this petition is not maintainable at this stage and accordingly this petition is dismissed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dpq

To

1. The Chief Judicial Magistrate, Namakkal District.

2. The Inspector of Police, Vigilance and Anti Corruption, Namakkal, Namakkal District 637 001.

3. The Public Prosecutor, High Court, Chennai.

+2cc's to Mr.Veangai I.Prakash Raj, Advocate, S.R.No.60248 Crl.O.P. No.23667 of 2016 RK(CO) CA(07/12/2016)