Revision not maintainable due to bar under Cr.P.C. and P.C. Act.

COMMON ORDER

Crl. Revision Case Nos.851 of 2003 and 852 of 2003 are directed against the order dated 13-6-2003, made in Crl.M.P.No.527 of 2003 and 526 of 2003 respectively on the file of the XI Additional Special Judge, Chennai.

2. The prosecution had filed Crl.M.P.No.526 of 2003 under Section 311, Code of Criminal Procedure praying that one Madappan, who was at the relevant time working as Industrial Co-operative Officer to be examined as additional witness. In Crl.M.P.No. 527 of 2003 the prosecution had prayed for examination of one Balasubramanian, cited as list witness No.4 (L.W.4) in the charge-sheet and one Pollachi Jayaraman, cited as list witness No.124 (L.W.124) in the charge-sheet and recalling of P.W.8, Chenninathan. Both the petitions were opposed by the respondents/accused. By the impugned order dated 13-6-2003, the learned Special Judge dismissed both the petitions holding that the prosecution has filed these petitions to fill up the lacuna, belatedly and if the petitions are allowed, the accused will be prejudiced. Questioning the said order, the Additional Superintendent of Police,C.B. C.I.D., Metro Wing, Chennai-2-complainant has preferred the above Revisions under Sections 397 and 401, Cr.P.C.

3. When the stay and vacate stay petitions came up for hearing, in view of urgency and in the light of the statutory provisions contained in the Prevention of Corruption Act, 1988, by consent of all the parties, both the Criminal Revision Cases are taken up for final disposal.

BRIEF FACTS

4 (a). On a complaint lodged by one V. Viswanathan (P.W.3), the Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Government of Tamil Nadu, a case in C.B. C.I.D., Metro Cr.No.6/96 was registered on 15-7-96 against the first accused and others under Sections 120-B, 167, 409, 407(A) I.P.C. and under Section 13(2) read with 13 (1)(c) and (d) of Prevention of Corruption Act, 1988. The case of the prosecution is that first accused-Tmt. Indirakumari was functioning as Minister for Social Welfare in the A.I.A.D.M.K., Government from 1991. Later, with effect from 16-11-94 she was also allotted the portfolio of handlooms in addition to the earlier portfolio. She continued as a Minister, a public servant, till the new Government assumed charge in May, 1996. Second accused-Venkatakrishnan was the Junior Personal Assistant to first accused and he was also a public servant. Third accused-Damodarasamy, a businessman was doing steel business in the name and style of M/s. Talent Alloys and Steel Corporation, Coimbatore. Fourth accused-Murugesan was running a provisional store by name M/s J.M. Stores at Poonamallee. Fifth accused-Arumugam was a part time contractor to third accused-Damodarasamy and proprietor of M/s Prasanna Textiles and Chemicals, a fictitious company and benami of A-3. Sixth accused-Shanmugasundaram was the driver of third accused and the proprietor of the company by name M/s. Talent Cotton and Yarn Company and he was the benami of A-3. Jagadeesan (P.W.6) was the Managing Director of Tamil Nadu Textile Corporation, Coimbatore in the cadre of District Revenue Officer.

(b). The Government of Tamil Nadu decided to continue the scheme of Free Supply of Uniform for school children studying from I Standard to VIII Standard for the year 1994-95 also. By G.O.Ms.No. 236 dated 17-08-94, the Government ordered the co-optex to procure 40.40 lakhs metres of white cloth and also ordered Tamil Nadu Textile Corporation to procure 10 lakhs metres of white cloth for the free uniform supply scheme. When the Managing Director of Co-optex informed that they could not supply the said quantity of white cloth before 15-11-94, Thiru Pollachi Jayaraman, Chairman,Tamil Nadu Textile Corporation, Coimbatore by his letter dated 10-10-94, requested the Government to divert the allotment of white cloth to Tamil Nadu Textile Corporation, Coimbatore. Accordingly, the Government re-allotted the order for supplying of 40.40 lakhs met