K.SIVAMANI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to set aside the order passed in Crl.M.P.No.753 of 2023 in C.C.No.6 of 2016 dtd. 19/9/2023 on the file of the Special Court for Cases under the Prevention of Corruption Act at Chennai, dismissing the petition filed by the petitioner under Sec. 91 of Cr.P.C.

(2.) The brief facts of the case is that the respondent Police has registered a case against the petitioner and 5 others for the offence under Ss. 13(1)(d), 13(2) of Prevention of Corruption Act r/w 109 of IPC, in which, the petitioner is arrayed as A1, who is facing trial in C.C.No.6 of 2016, pending on the file of the Special Court for Cases under the Prevention of Corruption Act at Chennai. The prosecution has examined as many as 32 witnesses and marked 54 documents and closed the evidence during March 2023.

(3.) During trial, the first Investigation Officer namely Kumaragurubaran, Inspector of Police, who was examined as PW31, in his evidence dtd. 15/12/2022 had categorically admitted that after his thorough investigation, he had formed an opinion and came to a conclusion that the petitioner/A1 did not commit any offence under Prevention of Corruption Act as well as under IPC and therefore, sent the Report dtd. 27/10/2015 for approval to the Director to drop further proceedings. Further, the 2nd Investigation Officer nominated by the Department namely Ramachandra Moorthy, Inspector of Police, who was examined as PW32, had also concurred with the Report of PW31 that the petitioner did not commit any offence under Prevention of Corruption Act as well as under IPC and he had also sent his Report dtd. 7/3/2016 recommending only to take departmental action against the petitioner for certain procedural lapses.