M.Y.EQBAL, SHIVA KIRTI SINGH
Union of India etc. Rep. through Superintendent of Police – Appellant
Versus
T. Nathamuni – Respondent
JUDGMENT
M.Y. Eqbal, J.
Leave granted.
2. The present appeals are directed against the common judgment and order dated 5.7.2013 passed by the Madurai Bench of Madras High Court in Crl.O.P. No.1943 & 6464 of 2010, whereby the High Court set aside the order passed by the Trial court permitting a Sub-Inspector of Police to investigate the matter under the Prevention of Corruption Act.
3. The facts giving rise to the present appeals are that on the basis of a complaint from one S. Muniraj a case being RC 50(A)/2009 was registered by Central Bureau of Investigation, ACB, Chennai against respondent -T. Nathamuni, Inspector of Income Tax on the allegation that the accused had demanded an amount of Rs. 5,000/-from the complainant. A trap was laid and allegedly the accused was caught red handed while accepting the bribe amount. Initially, the case was investigated by Mr. Lawrence, Inspector of Police and owing to some administrative reasons, the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai filed petition dated 22.9.2007 under Section 17 of the Prevention of Corruption Act, 1988 (in short, ‘the Act’) before the Court of Special Judge CBI cases, M
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