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2017 Supreme(Mad) 3051

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
G. Sampath Kumar, IPS - Petitioner
Versus
State of Tamil Nadu, rep. by the Deputy Superintendent of Police, Chennai - Respondent
Criminal Original Petition No. 18620 of 2017 & Crl.M.P. Nos. 11320 & 11321 of 2017
Decided On : 09-11-2017

Advocates Appeared:
For the Petitioner:R.C. Paul Kanakaraj, Advocate.
For the Respondent: P. Govindarajan, Addl.Public Prosecutor

Headnote:

Prevention of Corruption Act - Criminal Original Petition - Petitioner herein as Superintendent of Police Q Branch CID - Petitioner herein is an IPS Officer formerly attached to Q Branch of CID Police - He is arrayed as 4th Accused on the premise that he while discharging his duty as Superintendent of Police Q Branch of CID, Chennai, has abused his official position and indulged in extortion of money - Held, Court must remind ourselves that purity of public life is one of the cardinal principles which must be upheld as a matter of public policy - Allegations of legal infractions and criminal infractions must be investigated in accordance with law and procedure established under the Constitution - Even if he has been wronged, if he is allowed to be left in doubt that would cause more serious damage to the appellant - Public confidence in public administration should not be eroded any further - One wrong cannot be remedied by another wrong - This Court is bound to point out that the above said observation is not only applicable for the accused but for both, the prosecution as well as the person accused of a crime - Petition dismissed.

JUDGMENT :

1. This Criminal Original Petition is filed by the 4th Accused seeking to quash the proceedings in C.C.No..9 of 2015 on the file of the Special Court for Prevention of Corruption Act Cases, Chennai.

2. The petitioner herein is an IPS Officer formerly attached to 'Q' Branch of CID Tamil Nadu Police. He is arrayed as 4th Accused in C.C.No.9 of 2015 on the premise that he while discharging his duty as Superintendent of Police 'Q' Branch of CID, Chennai, has abused his official position and indulged in extortion of money through Mahendra Singh Ranka-A-1 and his associates S.Nemichand-A-2 and Hirakumar Jambar-A-3. According to the prosecution, the petitioner herein as Superintendent of Police 'Q' Branch CID, Chennai during the course of his discharging duty, got some information about betting in IPL Season VI. Mahendra Singh Ranka(A-1) who belongs to Jain Community was a friend, informant and financier for A-4. With the said proximity Mahendra Singh Ranka (A-1) had given an impression to some of his community persons who were involved in betting as bookies or punters that he can save them from being prosecuted and detention under Goondas Act if they pay him money. First he has contacted Sri.Gowtham Chand Nimani, who is an accused in the IPL Cricket betting case registered on 16/17.05.2013 at 00.30 hours in CBCID Metro Crime No.1 of 2013, on a complaint given by one K.R.Senthilkumar, Police Inspector, CBCID in Metro Branch and passed on the information that he is wanted in IPL betting case and if he pay Rs.5.00 lakhs, he can save him from the arrest. On the next day i.e. on 18.05.2013 Gowtham Chand Nimani, fearing police action and believing the version of Mahendra Singh Ranka, has paid Rs.5.00 lakhs to Mahendra Singh Ranka through one Manoj.

3. With the similar line of threat Mahendra Singh Ranka has extorted Rs.5.00 lakhs from Mahaveer Chand and Ugamraj Surana @ Pappu. Mahendra Singh Ranka has contacted all these persons through his friend Nemichand who is arrayed as A-2 and Harikumar Jambar who is arrayed as A-3 in this case and collected money through his employee Manoj Sharma @ Manoj. From all these three persons namely Gowtham Chand Nimani, Mahaveer Chand and Ugamraj Surana @ Pappu, Mahendra Singh Ranka has collected Rs.15.00 lakhs in toto and out of which he has shared Rs.7.5 lakhs with Nemichand (A-2) and Hirakumar Jambar(A-3).

4. During the relevant point of time, one Kitty @ Uttam C.Jain of Mumbai has approached Mahendra Singh Ranka through Nemichand(A-2) and Hirakumar Jambar (A-3) to help him from the tracking of IPL betting case investigation, for which Mahendra Singh Ranka (A-1) has demanded Rs.1,20,00,000/-, from him. Kitty @ Uttam C.Jain has directed his friend Nithesh Bothra to contact Mahendra Singh Ranka (A-1) to give money. Accordingly, on 21.5.2013 between 8.pm and 8.30 pm Nithesh Bothra delivered cash of Rs.50.00 lakhs to Mahendra Singh Ranka (A-1) in the parking area of his residence at Purasawakkam and further as directed by Mahendra Singh Ranka (A-1), Nithesh Bothra and his friend Vinoth Jamath handed over cash of another Rs.50.00 lakhs to one Mlle Daga a friend of Mahendra Singh Ranka (A-1) on 22.05.2013 at 1.30 pm at the shop of Malle Daga named J.K.Jewellers at NSC Bose Road, Chennai in the presence of witness Narendra Kumar Daga and on the same day at around 2.15 pm Nithesh Bothra on the instructions of Mahendra Singh Ranka, had delivered Rs.20.00 lakhs in cash to Ganpath Lal Bapel, brother-in-law of Mahendra Singh Ranka (A-1) in the presence of Subash an employee of Ganpath Lal Bapel at Sonal jewellers, Mint Street, Chennai. All these money were paid by Kitty @ Uttam C.Jain, through Nithesh Bothra, as per the instructions of Mahendra Singh Ranka.

5. Having collected around Rs.1,35,00,000/- as stated above, from Gowthan Chand Nimani, Mahaveer Chand, Ughamraj Surana @ Pappu and Kitty @ Utham C.Jain, under threat of prosecution in IPL betting case and false promise to save them from prosecution and Pr











































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