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2019 Supreme(Mad) 1554

A.D.JAGADISH CHANDIRA
V. Venkatesan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Karthikeyan
For the Respondents: K. Prabakar, Adv

ORDER :

A.D. Jagadish Chandira, J.

1. The petition has been filed to set aside the order dated 26.02.2019 passed by the learned Chief Judicial Magistrate, Erode, in Crl.M.P. No. 639 of 2019 in Special C.C. No. 4 of 2015, dismissing the petition filed under Section 294 Cr.P.C., seeking to admit the document dated 24.03.2017.

2. The petition has been filed by the petitioner/accused, who is facing trial for the offences under Sections 7 and 12(2) r/w. 13(1)(d) of the Prevention of Corruption Act.

3. The case of the prosecution is that the petitioner/accused demanded and accepted a sum of Rs. 15,000/- from the defacto complainant for issuance of No Objection Certificate.

4. The petitioner had raised a defence stating that he is not the competent authority to issue No Objection Certificate and that the defacto complainant/P.W. 2 had excavated a trench in S.F. No. 130/2, to carry out the illegal taping of water from PWD, Kugular Branch Canal and thereby had directed the defacto complainant to close the said trench, stating that unless the trench is closed, the “No Objection Certificate” will not be issued by the competent authority. Having grudge over the same, the defacto complainant had giv

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