STATE Vs. M MUNIAPPAN

JUDGEMENT

(1.) CHALLENGE is made in this criminal appeal to the order of acquittal dated 19.10.2005 and made in C.C.No.5 of 2002 on the file of the Learned Special Judge/Chief Judicial Magistrate-I, Charmapuri District at Krishnagiri acquitting the respondent/accused of the charges under Sections 7 and 13(2) r/w. 13(1)(d) of Prevention of Corruption Act 1988.

(2.) THE facts in brief for the disposal of the appeal are as under; 2.1. That on 28.12.2000 on the eve of Ramzan festival PW 6 Kumar and his brother Muthusamy had brought Ganja from Andra and alighted at Hosur and thereafter they had been to the house of PW 5 Mehaboob for selling the contraband. She had told that she had stopped the business long before and therefore, they had come back to Sulagiri By-pass road.

(3.) EX.P1 is the proceedings of the Deputy Superintendent of Police, Salem Range, Salem dated 30.01.2002 and thereby PW 1 seems to have accorded sanction for prosecution of Mr.M.Muniaapan, Inspector of Police, Sulagiri Police Station, Dharmapuri District, at Krishnagiri for the offences under Sections 7 and 13(1) r/w. 13(1)(d) of Prevention of Corruption Act 1988. He has stated that he is having the authority to remove Mr.M.Muniappan, who is the respondent herein from office after carefully examining the materials placed before him in regard to the said allegation and circumstances of the case such as first information report, statements of witnesses, mahazar and other documents and he is fully satisfied that the accused/respondent should be prosecuted for the offences under Sections 7 and 13(1) r/w. 13(1)(d) of Prevention of Corruption Act 1988. He has been examined as PW 1 in this case. He has simply stated that he had considered the documents relating to this case and accorded sanction to launch prosecution.