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2011 Supreme(Mad) 4372

S.PALANIVELU
State rep by The Inspector of Police, Vigilance and Anti Corruption – Appellant
Versus
K. P. Jai Xavier – Respondent


Advocates appeared:
For the Petitioner:P. Kandasamy, Government Advocate [Crl.side].
For the Respondents:R1 to R3 -S. Shanmugavelayudham, Senior Counsel for M/s. T. Kokilavane, R4 to R7 - R. Anand, P.T.S. Narendravasan, Advocates.

Judgment :-

1. The petition filed by the respondents/accused 1 to 3 for discharging them from the case in brief is as follows:

1.(a) The petitioners 1 to 3 are the accused 1 to 3, were working as Executive Engineer, Assistant Executive Engineer and Junior Engineer respectively in the Tirunelveli City Municipal Corporation during the relevant period to this case and one Tr.R.Raghunathan, who was working as City Engineer in the said Corporation who is in superior rank to the Executive Engineer and his subordinates in the Said Corporation, He is the head of the Engineering Section in the said Corporation.

1.(b) In the police report filed under Section 173(2) Cr.P.C., the Inspector of Police, Vigilance and Anti-Corruption, Tirunelveli had leveled charges for the offences under Section 120-B, 420, 468 and 471 I.P.C. against all the eight accused and a charge for the offence punishable under section 13(2) r/w Sec.13(1)(d) of Prevention of Corruption Act, 1988 against A1 to A3, that All the charges levelled are found to have been based merely on surmises and conjectures and are found to be absolutely groundless, that even if the allegations in the police report are taken at their face va























































































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