Presumption under PC Act Section 20 from positive phenolphthalein test; quashing FIR not warranted in nascent investigation stage.

O R D E R

This Criminal Original Petition has been filed seeking quashment of Crime No.22/AC/2025, pending on the file of the first respondent police as against the petitioner.

2. The brief facts of the case are as follows:-

2.1. Based on the complaint dated 24.12.2025 given by the de facto complainant/R2 alleging that the petitioner/accused, who was working as a Village Administrative Officer, had demanded illegal gratification of Rs.2,000/-, for processing the applications filed for issuance of death certificates of the de facto complainant/R2’s step-mother and her daughter, a case in Crime No.22/AC/2025 was registered on 24.12.2025 for the offence under Section 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018).

2.2. After registration of the case, one Arunprasath, a Junior Assistant in the Employment and Training Department, was summoned to be as a shadow witness and a trap was laid by the first respondent.

2.3. During the trap, on the demand made by the petitioner/accused, the de facto complainant/R2 handed over the chemically treated money to the petitioner/accused. The petitioner/accused received the same in his right hand and kept it in the left side pocket of his shirt. The occurrence was witnessed by the shadow witness. Subsequently, the tainted money was recovered from the petitioner/accused by the first respondent police and he was arrested and investigation is pending.

3. The submissions of the learned counsel appearing for the petitioner are as follows:-

3.1. The petitioner is an innocent person and was working as the Village Administrative Officer with a clean track record.

3.2. Earlier, the petitioner had lodged a complaint against one Prakash for theft of river sand, based on which, a case in Crime No.802 of 2021 was registered on the file of the Pallapatty Police Station, Salem City, for the offences under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act. The present complaint against the petitioner has been filed with an ulterior motive, at the instigation of the said Prakash, the accused in Crime No.802 of 2021, as an act of wreaking vengeance.

3.3. In respect of the application filed by the de facto complainant/R2, the petitioner/accused, being a VAO, had processed the application and handed over the same to the de facto complainant/R2 with the recommendation to forward the same to the Revenue Inspector on 22.12.2025 itself. When the petitioner had already prepared the report and handed it over to the de facto complainant/R2, there is no question of demand of money.

3.4. Further, on the alleged date of the trap, the money was placed by the de facto complainant/R2 beneath a register kept in the rack behind the petitioner’s seat and only on the instructions of the Trap Laying Officer (TLO), the petitioner had taken the same and handed it over to him and only thereafter, the phenolphthalein test was conducted.

3.5. There was no demand or acceptance of money and the entire trap proceedings is stage-manged to fix the petitioner in the case. Hence, the registration of the FIR and continuation of the investigation, based on the stage-managed trap proceedings is an abuse of process of law and hence, the same is liable to be quashed.

4. The submissions of the learned Government Advocate (Criminal Side) are as follows:-

4.1. It is the case where the petitioner demanded a bribe of Rs.2,000/- from the de facto complainant/R2 for processing his applications.

4.2. The de facto complainant/R2, after the death of his father, applied for a succession certificate on 15.10.2025, during which he was instructed to produce the death certificate of his father’s first wife and their daughter