The court upheld the sufficiency of evidence for maintaining charges under corruption laws despite claims of selective prosecution.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18 .11.2025 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.Nos.18183 & 18184 of 2025 R.Rajeswari ... Petitioner Vs.

State of Tamil Nadu rep. by The Inspector of Police, Vigilance and Anti Corruption, Salem. ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS to call for entire records and quash Spl.C.C.No.2 of 2024 on the file of the Special Court for trial of cases under Prevention of Corruption Act, Salem against the petitioner.

For Petitioner : Mr.J.Hariharan for M/s.KV Law Firm For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor ORDER The petitioner/A4 in Spl.C.C.No.2 of 2024 on the file of the Special Court for Trial of Cases under Prevention of Corruption Act, Salem filed this quash petition.

2.The contention of the learned counsel for the petitioner is that the petitioner is arrayed as A4 along with five other individuals for the offence under Sections 120B, 406, 409, 420 IPC and Sections 12, 13(2) r/w. 13(1)(a) of Prevention of Corruption (Amendment) Act, 2018. The petitioner is the proprietor of Sri R.R.Traders, in accordance with statutory provisions participated in the tender process for supply of vehicle-mounted fogging machines for Edanganasalai Town Panchayat, Paranmarathupatti Town Panchayat and Keeripatti Town Panchayat of Salem District. The Executive Officers of the concerned Town Panchayats called for the tender on 09.10.2019 for purchase of fogging machines. The said tenders were duly approved by the Assistant Director of Town Panchayat. On 16.10.2019, the petitioner participated in the tender process by submitting a tender quote for Rs.5,72,000/- to each of the Town Panchayats. The petitioner complied with the tender conditions and paid the deposit amounts in adherence to the financial conditions as per the tender notice.

3.The Government of Tamil Nadu issued a circular to purchase fogging machines by the respective Town Panchayats from and out of their Town Panchayat General Fund. The petitioner supplied vehicle-mounted fogging machines at the rate of Rs.5,75,604/- which is now projected that the tender was awarded to the petitioner at a higher rate than the market price causing wrongful loss to the Town Panchayat. The loss caused is to the tune of Rs.2,24,300/- to Edanganasalai Town Panchayat, Rs.2,24,300/- to Paranmarathupatti First Grade Town Panchayat and Rs.2,24,300/- to Keeripatty First Grade Town Panchayat. This is primarily on the assumption and not based on any factual finding. It is an open tender, all the tenderers participated and after considering the tender condition and quote price, finally the petitioner was allotted with the tender for supply of vehicle-mounted fogging machines. The tender process was held in public, it was considered by the concerned Officers and after getting permission from the Assistant Director of Town Panchayat, the concerned Panchayats placed the order. The machines were supplied and only thereafter, payments made. Now it is alleged that the petitioner is not an authorized agent for the fogging machines and the rates are inflated. The tender forms published in the dailies and uploaded in the official website and several tenderers participated and in the tender conditions, there is no specific clause prohibiting that specific persons alone to participate in the tender. When there is no violation of tender conditions, attributing motive without materials and prosecuting the petitioner is nothing but an abuse of process of law.

4.Further during the relevant period mosquito menace was there and wide spread of malaria, dengue and flu, for that reason, all the Town Panchayats th