JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in F.I.R.No.4/AC/2021 on the file of the Inspector of Police, Vigilance and Anti-Corruption, Salem, for the perusal of this Hon’ble Court and quash the same.)

1. This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for the records in F.I.R.No.4/AC/2021 on the file of the Inspector of Police, Vigilance and Anti-Corruption, Salem and quash the same.

2. The petitioners are A-1 and A-2 in FIR No. 4/AC/2021 which had been registered under Sections 13(2) read with 13(1)(e) of PC Act 1988, 13(1)(b) of PC Act, 1988 as amended and under Section 109 IPC. The first petitioner is a public servant and was employed as Executive Engineer, Rural Development Department, District Rural Development Agency in Tirupathur District. The second petitioner is his wife. The First Information Report came to be registered on 05.02.2021 based on source information received on 18.01.2021.

3. In the First Information Report, it had been stated that information was received that the first petitioner / public servant was in possession of pecuniary resources and properties in his name and in the name of the second petitioner disproportionate to the known sources of income. On receipt of such information, a confidential enquiry was first conducted and after a prima facie opinion was formed, the First Information Report was registered and simultaneously entry was also made in the General Diary. The First Information Report had been registered by the Inspector of Police, Vigilance and Anti Corruption, Salem, at 17.00 hours on 05.02.2021. The First Information Report was forwarded to the Special Court for Trial of Cases and Prevention of Corruption Act, Salem District and the endorsement in the First Information Report shows that it had been received by the Special Judge for Trial of Cases under Prevention of Corruption Act in Salem District at her residence at 18.15 hours, the same day on 05.02.2021.

4. It had also been stated that a copy of the First Information Report was also submitted to the Superintendent of Police, Vigilance and Anti-corruption, Western Range, Chennai for issuing orders under Section 17 of the Prevention of Corruption Act 1988 for investigation and to issue authorisation under Section 18 of the said Act to inspect bankers books in relation to the accounts of the first petitioner and his family members.

5. In the First Information Report, it had also been mentioned under column 13 relating to action taken, that a case had been registered since the report revealed commission of offence as mentioned and that Thiru.S.Chandramouli, Additional Superintendent of Police, had taken up investigation.

6. In the First Information Report, the check period had been determined as between 01.04.2012 and 31.03.2019 and the details regarding the assets found in the names of the petitioners at the commencement of the check period, the assets found in the names of the petitioners at the end of the check period, the income of the petitioners from known sources during the check period, the expenditure incurred by the petitioners during the check period, the value of the assets acquired by the petitioners during the check period and the likely savings of the petitioners during the check period had all been given and thereafter the disproportionate assets determined to have been acquired by the petitioners during the check period had also been given. It was stated that the disproportionate assets comes to 284% over and above the known sources of income.

7. This First Information Report is now sought to be interfered with by this Court by this petition.

8. Heard Mr.K.Suresh Babu, learned counsel for the petitioners and Mr.E.Raj Thilak, learned Government (Crl. Side) for the respondent.

9. Mr.K.Suresh Babu, learned counsel for the petitioners first laid a charge that the mandatory requirements as stipulated under both Sec