JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records with respect to Crime No. 3 of 2018/AC pending on the file of respondent and quash the same.)

1. This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure by the accused in Crime No. 3 of 2018/AC pending on the file of the Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Erode. The said Crime No. 3 of 2018 had been registered under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act 1988 and under Section 109 Indian Penal Code, 1860.

2. The first petitioner was working as Joint Transport Commissioner, Rules and Road Safety, Chennai. The second petitioner is his wife.

3. It is the case of the prosecution that the first petitioner had acquired pecuniary resources and properties disproportionate to his known sources of income. The first petitioner claimed that he was born in an agricultural family at Keerambur Village, Namakkal District and his parents are looking after their agricultural lands. The second petitioner is a house wife. She purchased landed properties in her name, shares of Algrain Products Private Limited and also made capital investment in Tool Tech (P) Limited. It is also stated that the check period had been fixed between 01.04.2009 and 30.06.2015. It was claimed that the petitioners had acquired property in excess of their known sources of income.

4. The case was registered four days before retirement on 25.06.2018. The first petitioner claimed that he had purchased the properties only during his service period. Agriculture properties had been purchased by his grandfather and father. The second petitioner purchased agricultural land in their native village Keerambur Village. She started her own business in 1998 in the name of Algrain Products Pvt. Ltd., along with three other persons as shareholders. She obtained finance from Canara Bank, Hosur Branch. They also purchased shares from Algrain Products Pvt. Ltd. She had totally purchased 224600 shares each of the face value of Rs.10/-. It was stated that she had also started a partnership firm in the year 1998 by name Tool Tech. The capital of Rs.2/- lakhs was subjected to income tax. The house had been constructed at the value of Rs.48/- lakhs during 2009-2011 for which loan had been obtained from State Bank of India, Namakkal Town Branch. The innova car had been purchased in the year 2014 with loan from State Bank of India, Namakkal Town Branch. The commercial complex was originally brought by the father of the petitioners in the year 1993 and construction was done by obtaining loan from Bank of Baroda, Namakkal Branch.

5. It is the case of the petitioners that the properties had been acquired from own sources of income of the second petitioner and the father of the first petitioner. It was therefore been claimed that they are not disproportionate to his sources of income. It was also stated that the case had been registered in the year 2018 and for more than four years, the respondent was not able to file charge sheet. It is under these circumstances that the petition has been filed seeking to quash Crime No. 3 of 2018/AC on the file of the respondent police.

6. A counter had been filed by the Inspector of Police, Vigilance and Anti Corruption, Namakkal District, who is the Investigating Officer. She stated that information had been received that the first petitioner was in possession of pecuniary resources and properties disproportionate to his known sources of income and enquiry was also conducted. It had been stated that the check period had been determined to run from 01.04.2009 to 30.06.2015. It had been stated that the first petitioner had obtained properties amounting to Rs.1,29,27,540/- during the check period. It was stated that the properties were disproportionate to the known sources of income. The first petitioner was a public servant. It is under these circumstances that Crime No.