The main legal point established in the judgment is that quashment proceedings cannot substitute a full trial and evaluation of evidence, and the determination of criminal charges should be left to the trial court.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records in special C.C.No.8 of 2010 on the file of the learned Special Judge for C.B.I. cases, Puducherry and quash the same (final report, preliminary final report dated 29.09.2010 and supplementary final report dated 27.07.2019).)

1. The third accused in the Special C.C.No.8 of 2010 before the Special Judge for CBI Court is the petitioner herein seeks quashment of the Special C.C.No.8 of 2010.

2. The brief facts leading to the filing of the above case is under:-

(a) The case in RC MA1 2008 A 0065 was registered on 31.12.2008 against (i) B.Canniappan, Section Officer. (ii) V.Djairamane (late), Computer Data Entry Operator, Examination Wing of Pondicherry University, Puducherry and (iii) S.Manikandan, Employee of Rajiv Gandhi Engineering College, Puducherry and other persons punishable under Section 120-B, r/w Sections 420, 468, 471 of I.P.C and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and take up for investigation by C.B.I.

(b) The case RC MA1/2008/0065 was registered on 31.12.2008 and on completion of investigation, 05(five) final reports (charge sheet) under Section 173(2) of Cr.P.C were submitted on 29.09.2010 before the learned Special Judge for C.B.I cases at Puducherry. Out of the 05 final reports, 02 final reports were transferred to Court of District and Sessions Judge-cum-Special Judge for CBI cases, Karaikal on the basis of jurisdiction. The learned Special Judge for C.B.I cases at Puducherry took cognizance of the three final reports vide C.C.Nos.8,9 and 10 of 2010 and commenced the trial of the said C.Cs.

(c) On completion of the trial, vide judgment dated 31.03.2015 in C.C.No.9 of 2010, the learned Special Judge for C.B.I cases at Puducherry acquitted the student B.Agilan and in C.C.No.10 of 2010, the student/N.Perumal was also acquitted.

(d) In the instant case, the respondent filed a final report against A1 to A4 for the alleged offences under Sections 120B, r/w 420, 468, r/w 471 of I.P. and under Sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 before the Special Judge for CBI case, Puducherry. In C.C.No.8 of 2010, A1 namely Karumari Subbarayudu is a Professor in Pondicherry Engineering College, A2 namely Balasubramanian is the Assistant Professor in the said college. A3 is A.Parthasarathy, was a student of Pondicherry Engineering College in the 3rd year during the relevant time and A4 Mr.Aroumougame, is the father of A3.

(e) The trial of C.C.No.8 of 2010 against the petitioner herein and three others commenced and witnesses were also examined. While the trial of the case was advancing, a reliable information was received in the month of January, 2016 to the effect that certain inconsistencies, discrepancies were found in the final report of C.C.No.8 of 2010. In this regard, the CBI submitted a petition under Section 173(8) Cr.P.C. before the learned Special Judge for CBI cases Puducherry on 15.02.2016 praying to permit them to conduct further investigation of the case in respect of the discrepancies found in the final report and the learned Special Judge for C.B.I cases, Puducherry was pleased to grant permission to conduct further investigation of the case vide order dated 01.03.2016. Thus, the further investigation of RC-MA1/2008/(A)/0065 in respect of C.C.No.8/2010 was taken up by the C.B.I.

(f) The CBI filed a supplementary final report before the learned Special Judge for CBI cases, Puducherry on 27.07.2019. In the first final report of the respondent police cited 24 witnesses and filed 31 documents. The supplementary final report cited 23 witnesses and filed 33 documents.

(g) The respondent police has stated in the supplementary final report that further investigation revealed that the statement of C.N.Rathinam, the then Lecturer of PEC, who was named in the preliminary final report dated 29.09.2010 as witness No.LW(5) submitted in th