R Kalaimohan v. The State Rep By Its,

Crl.O.P.No.25516 of 2024 N.SESHASAYEE, J.

This case was disposed of by this Court on 10.12.2024 and it is today listed at the instance of the learned counsel for the petitioner under the caption for "being mentioned".

2.The learned counsel for the petitioner submitted that in paragraph No.2 of the order in two separate places (in line 5 and 7), the order states that A2 was found to be in possession of Rs.32.75 lakhs, whereas it should be Rs.38.75 lakhs.

3.The learned Prosecutor concurred with the same. 4.The Registry is now directed to correct the figure Rs.32.75 lakhs as it appears in line 5 and 7 of paragraph No.2 of the order of this Court dated 10.12.2024 as Rs.38.75 lakhs. The corrected copy of this order is directed to be posted in the official website. If any certified copy has been issued to the petitioner, the Registry is required to issue a fresh certified copy at free of charges. 18.12.2024 N.SESHASAYEE, J.

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Crl.O.P.No.25516 of 2024 18.12.2024 2/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2024 CORAM : MR. JUSTICE N.SESHASAYEE CRL.O.P.No.25516 of 2024 R.Kalaimohan ... Petitioner Vs.

The Inspector of Police Vigilance and Anti Corruption Thiruchirappalli ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. Act, 2023, to quash the Charge Sheet No.7 of 2024 filed in Special Case No.3 of 2024, pending on the file of the Special Court for Prevention of Corruption Act Cases, Villupuram, so far as the petitioner / accused 1 is concerned.

For Petitioner : Mr.N.Muralikumaran Senior Counsel For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

ORDER

The present petition is filed to quash the final report which the investigating agency has laid in Crime No.3 of 2022, which is now 3/6

pending in Special Case No.3 of 2024.

2.The learned counsel for the petitioner submitted that the petitioner was arrayed as A1 by the prosecution, but strangely except the confession statement of A2, there is nothing to connect A1 to the crime. Expatiating it further the learned counsel submitted that A2 while on travel was intercepted by the investigating agency and found to be in possession of Rs.32.75 lakhs, and that during interrogation he is said to have made a statement that the entire amount of Rs.32.75 lakhs seized from him were the bribe money collected from different persons and this money is meant to be paid to A1. He submitted that mere confession statement of a coaccused is far too inadequate material as to constitute evidence for the purpose of pinning down A1 to the alleged accusation. 3.Mr.K.M.D.Muhilan, the learned Government Advocate (Crl.

same statement.

4.Heard both sides. So far as LW13, LW14 and LW15 are concerned it is a mere hear say evidence and that cannot be acted upon. 5.In the final result, this Criminal Original Petition stands allowed. So far as the petitioner / accused 1 is concerned, the charge sheet No.7 of 2024, filed in Special Case No.3 of 2024, pending on the file of the Special Court for Prevention of Corruption Act Cases, Villupuram is hereby quashed. If, in the course of the trial Court finds certain evidence to include A1 in the case, it may so do it U/s.319 Cr.P.C. which is now equivalent to Section 329 of BNSS, 2023. Consequently, the connected miscellaneous petition is closed.

10.12.2024 Index : Yes / No N.SESHASAYEE, J.

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To 1.The Special Court for Prevention of Corruption Act Cases Villupuram 2.The Inspector of Police Vigilance and Anti Corruption Thiruchirappalli 3.The Public Prosecutor High Court of Madras Chennai 600 104 CRL.O.P.No.25516 of 2024 10.12.2024 6/6