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Madras High CourtCRL OP/21530/2025disposed of

R.Koumaravel v. The State Rep By Inspector Of Police

2025-07-31Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No. 14750 of 2025 R.Koumaravel ... Petitioner Vs.

1.

The State rep. by Inspector of Police, Vigilance and Anti Corruption Unit, Puducherry.

2.

P.Murugaiyan ... Respondents Prayer: Petition filed under Section 528 of BNSS, 2023, to call for the records and quash the FIR registered against the petitioner in Crime No.1 of 2025 dated 13.03.2025, on the file of the first respondent police, the Inspector of Police, Vigilance and Anti-Corruption Unit, Puducherry and pass necessary orders.

For Petitioner : Mr.B.Balavijayan For R1 : Mr.M.V.Ramachandra Murthy Additional Public Prosecutor (Puduchery) 1/4

ORDER

This Criminal Original Petition is filed with a prayer to quash the First Information Report in Crime No. 1 of 2025, dated 13.03.2025, on the file of the first respondent police.

2. On perusal of the said First Information Report, it is seen that, based on a complaint dated 26.11.2024 from one P.Murugaiyan, the above FIR has been registered for alleged offences under Sections 7 and 13(2) r/w 13(1)(b) of the Prevention of Corruption Act, 1988

3. The learned counsel appearing for the petitioner submits that this is neither a trap case nor any surprise inspection was conducted. Merely based on the ipsidixit of the defacto complainant, the FIR has been registered. Therefore, the same amounts to an abuse of the process of law by the defacto complainant and as such, this Court should interfere.

4. When the matter came up for admission, the learned Additional Public Prosecutor appearing for the respondent police submitted that, following the complaint, further materials were also gathered and there are prima facie materials indicating that the petitioner demanded and accepted a 2/4

bribe.

5. The contention of the learned counsel for the petitioner cannot be accepted at this stage, as there is an allegation made and upon finding prima facie veracity in the allegation, the investigation has commenced. At this early stage of investigation, whether the defacto complainant has come out with the true version or is abusing the process of law cannot be examined by conducting a mini-trial.

6. Therefore, keeping open the liberty of the petitioner to place all relevant facts before the Investigating Officer, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 31.07.2025 nsl To 1.

The Inspector of Police, Vigilance and Anti Corruption Unit, Puducherry.

2.

The Additional Public Prosecutor, Puduchery.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 31.07.2025 4/4