At the charge framing stage, courts must accept prosecution materials as true and cannot evaluate evidence; sufficient prima facie grounds must exist to proceed against accused.

COMMON ORDER

Both the criminal revisions have been filed by the State against the order of the learned Chief Judicial Magistrate, Cuddalore, whereby, both the respondents were discharged from the case against them in Spl.C.No.2 of 2006. Since both the criminal revisions arise out of the common order passed by the learned Chief Judicial Magistrate, they are disposed of by this common order.

2 Pursuant to credible information received by the authorities, a case was registered in Cr.No.7 of 2004 against the respondents for the offence under Sections 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 , (in short 'the PC Act') alleging that Mr.M.R.K.Panneerselvam, who is A1, while serving as the Minister for Backward Classes Welfare during the period between 13.05.1996 and 14.05.2001, had acquired and was in possession of pecuniary resources and properties in his name and in the name of his family members far beyond to his known source of income and A2, who is the wife of A1, abetted the first accused to commit the said offence. After completing investigation, charge sheet was laid and the same was taken on file in Spl.C.No.2 of 2006. Pending the above case, the respondents herein filed separate petitions in Crl.M.P.Nos.1105 and 1106 of 2006 under Section 239 Cr.P.C . seeking discharge. The learned Chief Judicial Magistrate, Cuddalore, after hearing the respective counsel, by a common order dated 02.07.2007 allowed both the petitions and discharged the respondents/A1 & A2.

3 Aggrieved over the order of the learned Chief Judicial Magistrate, discharging the accused, the State has preferred these criminal revisions before this Court.

4 Learned Additional Advocate General assisted by the learned Government Advocate (Crl.Side) appearing for the petitioner/State would submit that Mr.M.R.K.Panneerselvam-A1, was a Minister for Backward Classes Welfare, Government of Tamilnadu, during the period from 13.05.1996 to 14.05.2001. During the said period, he was in possession of pecuniary resource and properties in his name and his family members' name far beyond to his known source of income. At the relevant point of time, A1 was a public servant within the meaning of Section 2(c) of the PC Act. The available materials viz. the statements recorded from the witnesses and documents collected during investigation would go to show that there are legal and consistent evidence to prove that the properties and pecuniary resources held by the accused had been acquired by illegitimate source.

4.1 The trial Court rightly accepted the fact that the alleged income tax returns for the financial year 1998-99, 1999-2000 and 2000-2001 were filed belatedly by the brother of A1's father at a stretch during March, 2002 and the statements recorded from the Auditor, who submitted Income Tax Return (in short 'ITR') to the Income Tax authorities proved the same, but wrongly over estimated the income of A1 from the agricultural land. The deposit of amounts in the account of A1 has not been properly explained by the accused when he was examined by the prosecution. The electricity service connection given to the additional construction put up in the house stands in the name of the mother of A1 was provided in the name of A1 and house tax for the same was also levied in the name of A1, which are all proves that A1 has property in the name of his mother. The deposit made by A1 in favour of his wife A2 has not been properly explained.

4.2 Despite sufficient opportunity being given to A1 to offer his explanation on two occasions, he failed to appear before the investigating officer, citing reasons one after another. However, he has not filed any explanation and therefore there was no violation of principles of natural justice. The documents produced under Section 173 Cr.P.C . in toto establish the existence of prima facie materials to frame charges against the accused.

4.3 A2, who is the wife of A1, has no sufficient source of income to acquire the assets standing in