G.SELVAKUMARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Sec. 482 of the Code of Criminal Procedure to call for the records in F.I.R.No.4/AC/2021 on the file of the Inspector of Police, Vigilance and Anti-Corruption, Salem and quash the same.

(2.) The petitioners are A-1 and A-2 in FIR No. 4/AC/2021 which had been registered under Ss. 13(2) read with 13(1)(e) of PC Act 1988, 13(1)(b) of PC Act, 1988 as amended and under Sec. 109 IPC. The first petitioner is a public servant and was employed as Executive Engineer, Rural Development Department, District Rural Development Agency in Tirupathur District. The second petitioner is his wife. The First Information Report came to be registered on 5/2/2021 based on source information received on 18/1/2021.

(3.) In the First Information Report, it had been stated that information was received that the first petitioner / public servant was in possession of pecuniary resources and properties in his name and in the name of the second petitioner disproportionate to the known sources of income. On receipt of such information, a confidential enquiry was first conducted and after a prima facie opinion was formed, the First Information Report was registered and simultaneously entry was also made in the General Diary. The First Information Report had been registered by the Inspector of Police, Vigilance and Anti Corruption, Salem, at 17.00 hours on 5/2/2021. The First Information Report was forwarded to the Special Court for Trial of Cases and Prevention of Corruption Act, Salem District and the endorsement in the First Information Report shows that it had been received by the Special Judge for Trial of Cases under Prevention of Corruption Act in Salem District at her residence at 18.15 hours, the same day on 5/2/2021.