O R D E R

Petition has been filed seeking to call for the records and set aside the order passed by the learned Special Judge / Chief Judicial Magistrate, Erode in Crl.M.P.No.15716 of 2019 in Spl.C.C.No.02/2019 dated 04.12.2020, allowing the petition filed by the prosecution under Section 216 Cr.P.C. for framing charges.

2.The brief facts of the case is that on the complaint given by the defacto complainant the respondent police registered a case against the petitioner / accused in Crime No.3/AC/2017/ER for offences under Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. After completion of investigation, the respondent filed the charge sheet and the case was taken on file in Spl.C.C.No.2 of 2019 by the Special Judge / Chief Judicial Magistrate, Erode. As per the charge sheet the case of the prosecution is that the accused was working as Inspector of Police, Nambiyur Circle, Gobichettypalayam, Erode District between 13.01.2014 and 18.05.2017. The defacto complainant T.Sekar @ T.Palanisamy is a resident within the limits of the Nambiyur Police Station. He is an agriculturist and business man. One Muthuramalingam was a tenant under the defacto complainant. The son of Muthuramalingam viz. Santhosh @ Santhosh Kumar was harassing the daughter of the defacto complainant viz. Sathya, thereby, the defacto complainant asked the said Muthuramalingam to vacate the house. On the same night, the son of Muthuramalingam viz. Santhosh @ Santhosh Kumar along with his brother Dinesh and other family members had come to the house of the defacto complainant and picked up a quarrel. During the quarrel, both parties have assaulted each other. Hence a case and counter case were registered against both the parties. Crime No.98/2017 was registered against the defacto complainant and three others and Crime No.99/2017 was registered against Muthuramalingam and four others. The accused is the Investigating Officer in both the cases.

4.The problem between the defacto complainant group and the said Muthuramalingam group continued. Thereafter, during the night between 21.04.2017 and 22.04.2017 the son of Muthuramalingam viz. Santhosh @ Santhosh Kumar attempted to kidnap Selvi.Sathya, the daughter of the defacto complainant and thereby there was a quarrel and both the parties assaulted each other again in which Santhosh @ Santhosh Kumar had sustained injuries and was admitted in the Government Hospital, Tirupur and based on his complaint, a case in Crime No.141/2017 was registered by the accused for offence under Sections 147, 148, 294(b), 342 and 307 IPC on 22.04.2017 against the defacto complainant and six others including the son of the defacto complainant viz. Srisarvesh. Similarly, Crime No.142 of 2017 was registered against Santhosh @ Santhosh Kumar for the offences under Section 448, 355, 506(1) IPC on the complaint given by the defacto complainant.

5.The accused / Investigating Officer on 23.04.2017, had demanded and accepted a sum of Rs.50,000/- from the defacto complainant as illegal gratification other than legal remuneration as a motive or reward for not remanding his wife viz. Pathmavathi to judicial custody in Crime No.141 of 2017, which has been registered against the defacto complainant's family. Hence, the accused was alleged to have committed offence under Section 7 of Prevention of Corruption Act, 1988 and since the accused by corrupt or illegal means and by abusing his official position, obtained for himself pecuniary advantage of Rs.50,000/- as illegal gratification and he had also committed an offence of criminal misconduct punishable under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

6.Thereafter once again on 08.052017, the accused had demanded Rs.2 Lakhs from the defacto complainant for deleting the name of Srisarvesh, the son of the defacto complainant from the case and at the request of the defacto complainant, the accused had reduced the amount to Rs.1 Lakh and once again on 13.05.2017