2017 Supreme(Mad) 2726
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
Hira Kumar Jambar - Petitioner
Versus
The State Rep. By Deputy Superintendent of Police, Crime Branch CID, Chennai - Respondent
CRL.RC.No.874 of 2017 and CRL.M.P.Nos.8142 & 8143 of 2017
Decided On : 18-07-2017
For the Petitioner: Mr. G. Prabhakaran
For the Respondent: Mr. M.R. Rajarathinam
The court's decision was based on the existence of prima facie evidence and the focus on incriminating materials found in the case documents.
Headnote:
Criminal Revision Case - Corruption - Prevention of Corruption Act - 120B, 384, 506(i), 420 IPC
Fact of the Case:
The prosecution alleged that the revision petitioner conspired to extort money from individuals involved in cricket betting, leading to charges under various sections of the IPC.
Finding of the Court:
The trial court found prima facie evidence against the petitioner and dismissed the discharge petition.
Issues: The main contention was the existence of conspiracy and the involvement of the petitioner in the alleged extortion.
Ratio Decidendi: The court focused on the documents mentioned in Section 173 of Cr.P.C. and found enough incriminating materials against the petitioner.
Final Decision: The revision petition was dismissed, and the trial court's order was upheld.
The Criminal Revision Case has been filed by the revision petitioner against the order of dismissal passed by the learned Principal Special Court for Prevention of Corruption Act, Cases in C.C.No.09/2015 dated 19.05.2017.
2. The case of the prosecution as per the final report is that LW1 to LW4 of the case are bookies in the illegal trade of cricket betting. The first accused Mahendra Singh Ranka is said to be an influential person and was also closely connected with the fourth accused, who is the Superintendent of Police in Q Branch. In the relevant time, the CBCID Metro Wing Police had registered the case in Cr.No.1/2013 in respect of cricket betting and when the same was pending for investigation, the first accused has acquired knowledge through A4 that LW1 to LW4 were involved in the said case through and with the help of second accused. The third accused has met LW1 and LW2 on 17.05.2013 at Hotel Park, Chennai and made a promise that the case against LW1 to LW3 would be closed on payment of Rs.5 lakhs each and also threatened them that in the event of failure to pay the said sum, LW1 to LW3 will be booked under Goondas Act. Believing the promise of A1, LW1 to LW3 paid a sum of Rs.15,00,000/- on 18.05.2013 through the brother of LW1. A1 levelled promises and threats to LW4 and demanded Rs.1 Crore 20 lakhs to close the case against him and received the amount on three occasions. It is a further case of prosecution that later A1 had produced LW4 before A4 who in turn sent him to CBCID office and there he was arrested in Cr.No.1/2013 and LW1 to LW3 were enlarged on anticipatory bail.
3. Under such circumstances, since A1 failed to keep up the promise that the case against LW1 to LW4 would be closed on payment of money, LW1 - C. Goutham Chand Nimani has lodged a complaint to the respondent police and the prosecution investigated the case and filed charge sheet in Cr.No.2/2013.
4. It is a specific case of the prosecution as against the revision petitioner that the revision petitioner along with second accused by name, Nemichand introduced LW1 to LW4 to the first accused with an intention to get the share in the amount received by A1. Further it was alleged that on 18.05.2013, LW1 to LW3 were invited to meet A1 through and with the help of A2 Nemichand and A3. The revision petitioner herein further for having arranged such meeting with LW1 to LW3, the first accused is said to have paid a sum of Rs.7.5 lakhs on 20.05.2013 as a share to the second accused and the revision petitioner herein and LW4 were also approached by the first accused through A2 and the revision petitioner herein later on 22.05.2013, revision petitioner and the second accused have met the first accused at his house and received a sum of Rs.15 lakhs from him towards commission.
5. In view of the above narrated circumstances, it has been alleged in the final report that the revision petitioner has conspired with other accused to extort money from LW1 to LW4 to the tune of Rs.1 Crore 35 lakhs by A1 and thereby committed the offence u/s.120 B and also committed offence u/s.384, 506(i) and 420 IPC.
6. Further, the revision petitioner and the two accused by inviting LW1 to LW4 to meet the first accused and by appointing such means and by receiving the share to the crime proceeds to the tune of Rs.22.5/- lakhs and also alleged to have independently committed the offence punishable u/s.384 and 420 of IPC. Thus, the proposed charge levelled against the revision petitioner for the commission of offence u/s.120(B), 384 and 420 of IPC after filing the charge sheet before the trial court, taken the charge sheet on the file of C.C.No.9/2015. After furnishing the copies to the accused, the present revision petitioner /A3 filed a discharge petition before the trial court. The trial court considering the materials placed before the trial court found that there was a prima facie case and incriminating materials are available against the petitioner/A3 to proceed further and di