Advocates:
['M/S R RAVINDRAN', '', 'R JOHN SATHYAN', 'PUBLIC PROSECUTOR V AND AC']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022

CORAM :

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

CRL.O.P.NO.4676 OF 2022

AND

CRL.M.P.NOS.2443 & 2444 OF 2022

N.M.Patturoja

... Petitioner/3^rd Accused

.Vs.

1. The State: Represented by

The Inspector of Police,

Vigilance and Anti – Corruption,

Crime No.05/2016,

Vellore District.

... Respondent/Complainant

2. C.Kuppan

... Respondent/Defacto

Complainant

PRAYER:-

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to call for the records and quash

the case against the petitioner in Spl.C.C.No.07 of 2019, in the

Court of the Chief Judicial Magistrate and Special Court,

Vellore in Crime No.05 of 2016 on the file of the 1^st respondent.

For Petitioner :

Mr.R.Ravindran

For Respondent :

Mr.E.Raj Thilak

No.1

Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking direction

to call for the records and quash the case against the

petitioner in Spl.C.C.No.07 of 2019, pending on the file of the

Chief Judicial Magistrate and Special Court, Vellore, in Crime

No.05 of 2016.

2. The first respondent filed a final report against this

petitioner and three other accused for the offences under

https://hcservices.ecourts.gov.in/hcservices/

Section 7 & 13(2) r/w 13(1) (d) of the Prevention of Corruption

Act, 1988 and under Section 477 (A) IPC r/w 109 IPC. The

charges in brief are that, the first accused is the Village

Administrative Officer, Nemanthapuram, who was holding the

additional charge of Pinnathurai Village at Odukathur, Vellore

District, the second accused is the Village Assistant,

Nemanthapuram, Anaicut Taluk, Vellore District, the third

accused is the Tahsildar, Social Security Scheme, Anaicut Taluk

Office, Vellore District, the fourth accused is the Assistant,

Anaicut Taluk Office, Vellore District and are public servants

as defined under Section 2(c) of the Prevention of Corruption

Act, 1988. One C.Kuppan gave an oral statement that his son in

law, who worked at Chennai, expired on 18.02.2016. His daughter

Padmavathi had applied for getting benefits under the Tamil Nadu

Nalindhor Kudumba Nala Udhavi Thittam on 01.04.2016. When he met

the first accused, he directed him to meet the second accused

and the second accused gave a printed form to the defacto

complainant. After filling the form, he handed it over to the

second accused. The second accused told the defacto complainant

that it would take some amount to get the relief amount. On

02.04.2016 and 04.04.2016, the defacto complainant met the first

accused in his office and every time he met him, the first

accused directed the defacto complainant to meet the second

accused. The second accused demanded Rs.4,000/- on behalf of

the first accused to forward the application to the Anaicut

Taluk office for getting the relief amount.

3. In pursuance of the above payment, during the course of

trap proceedings on 11.04.2016, when the witness C.Kuppan met

the first accused, he reiterated his earlier demand and asked

him to handover the bribe amount of Rs.4,000/- to the second

accused. The second accused also reiterated his earlier demand

and asked the bribe amount of Rs.4,000/- from the defacto

complainant, then he handed over the bribe amount. In the

circumstances stated above, the accused 1 and 2 have committed

offences punishable under Sections 7 & 13(2) r/w 13(1) (d) of

the Prevention of Corruption Act, 1988. The third accused has

been working as the Tahsildar, Social Security Scheme, Anaicut

Taluk Office, Vellore District since 13.10.2014. During the year

2015-2016, she had drawn funds under the Tamil Nadu Vivasaya

Thozhilalargal - Vivasaigal (Samuga Paadhukappu & Nalam) Thittam

- 2016. While so, in the month of April 2016, she, by abusing

her official position, had instructed the fourth ac