(Prayer: Criminal Revision Case is filed under Article 227 of the Constitution of India r/w. Section 397 of Cr.P.C., to set aside the order dated 25.02.2016 passed by the Chief Judicial Magistrate/Special Judge at Ariyalur in CMP.No.1 of 2016 in Spl.C.C.No.15 of 2012.)

1. The Criminal Revision Case is filed under Article 227 of the Constitution of India r/w. Section 397 of Cr.P.C., to set aside the order dated 25.02.2016 passed by the Chief Judicial Magistrate/Special Judge at Ariyalur in CMP.No.1 of 2016 in Spl.C.C.No.15 of 2012.

2. The case of the prosecution is that the revision petitioner/accused Kathalingam is a native of Kannukudy Village in Orathanadu Taluk, Tanjore District. His father's name is Veerappa Solingarayar and his mother is Tmt. V.Pakkiyathammal. He is the second son of his parents. His elder brother V.Kaliyamoorthy is doing agricultural work at Kannukudy village. He completed his B.E., in the year 1989 and he entered into service in 1994 as Junior Engineer, Chozan Roadways Corporation, Kumbakonam. Then, he was appointed as Motor Vehicle Inspector Grade-II on 09.02.1995 at Perambalur Unit office. He married one Rani (the petitioner herein and arrayed as a second accused in Spl.C.C.No.15/2012 on the file of Chief Judicial Magistrate, Special Judge at Ariyalur) and she is the daughter of Ventrikondan of Jayankondam in Perambalur District on 25.05.1990 and she is a house wife and does not do any business. They have three children viz.,Kanmani, Nandini and Master Kamalnath and all of them are studying at Modern Matric Higher Secondary School, Jayankondam during the check period.

3. After his marriage, the said Kathalingam migrated from Kannukudi village to Jayankondam which is his father-in-law's place. While he was working as Motor Vehicle Inspector Grade-II, Perambalur, Tiruchy, Thanjavur and Cuddalore. He purchased a number of housing plots, vehicles and constructed two houses in the name of his wife (A2), the present petitioner herein at Jayakondam during the period from 09.02.1995 to 31.10.2002. Hence, the check period was fixed between 09.02.1995 and 31.10.2002. In the beginning of the check period, the value of assets and pecuniary resources that stood to the credit of husband and wife was only Rs.2,43,000/-. But at the time of end of the check period, the value of assets and pecuniary resources that stood to the credit of the petitioner herein and her husband was Rs.77,58,268/-. When the income derived by the accused including the salary of the petitioner's husband and income from all the sources during the check period was Rs.21,81,230/-, the expenditure incurred by her and by her entire family during the check period was Rs.16,72,367/-. Thus, a total disproportionate assets stood at the end of the check period works up to Rs.70,04,414/- and the percentage of disproportionate assets is Rs.321%.

4. Final Opportunity Notice was also issued to the petitioner's husband / A1 for giving his explanation in regard to the disproportionate assets that stood to the credit of himself and his wife. For this, the husband of the petitioner / A1 has submitted his reply and his reply was duly considered by the Investigating Officer with reference to the available record. Further, the Investigating Officer also recorded the statements of both the accused. Therefore, a criminal case has been registered against the Kathalingam, the public servant and his wife, the petitioner herein by the respondent in Cr.No.8/AC/2006 u/s.13 (2) r/w 13(1) (e) of Prevention of Corruption Act, 1988 on 24.07.2006. During the investigation, it has been found that the petitioner herein actively aided and assisted her husband, the public servant A1, to acquire properties in her name i.e., both movable and immovable during the check period which is disproportionate to the known sources of their income and in this connection, Investigating Officer has collected both the oral and documentary evidence to prove that both the petitioner and her