M K G SELVARAJAN Vs. STATE

JUDGEMENT

(1.) The above Criminal Original Petition has been filed praying to call for the records in C.C. No.9 of 2001 on the file of the Court of I Additional Sessions Judge, City Civil Court, Chennai, and quash the same.

(2.) Tracing the history of the case, it comes to be known that the petitioner was working as a Senior Bailiff in the City Civil Court during the year 1994; that on a complaint filed by the Registrar, Small Causes Court, a case was registered by the respondent-police in C.B. C.I.D. Metro Crime No.7 of 1997 and a charge sheet was filed for an offence punishable under Sections 466, 471 read with 466, 147, 451, 42 7 read with 120-B I.P.C. against eleven accused, including the petitioner; that the petitioner is said to have committed offences punishable under sections 147, 451, 380, 466, 471 read with 466 I.P.C.; that in the very same crime number, another final report was filed citing the petitioner and another as accused alleging that the petitioner had committed an offence punishable under Section 7 of the Prevention of Corruption Act on the ground that the accused evicted one S. Shanmugasundaram illegally from door No.17/1, Thakkudin Khan Bahadur Street, Triplicane, and also obtained signatures of two persons by name Ramesh and Kumar as witnesses for delivery of possession through one Babu; that the respondent, before filing the charge sheet, obtained the sanction for prosecuting the petitioner from the Appointing Authority under section 19(1)(c) of the Prevention of Corruption Act, 1988 and no sanction was obtained under Section 197 Cr.P.C.; that taking cognizance of the offences under the Indian Penal Code against the petitioner is not valid in law and hence he would seek for the relief extracted supra.

(3.) The complaint against the accused is that on 24.12.1993, the petitioner as the Senior Bailiff, while executing the Warrant of possession at No.17/2, Thakkudin Khan Bahadur Street, Triplicane, in his official capacity as public servant, with an intention to get bribe, represented to A.2 Hussain, with whom the possession has to be handed over, that he could not execute the warrants immediately; that thereafter, the said Hussain took the petitioner inside the house and gave him Rs.10,000/= as gratification to evict one Shanmugasundaram from the said house; that the petitioner ordered forcible eviction of the said Shanmugasundaram from the house bearing door No.17/2 and hence, committed an offence punishable under Section 7 of the Prevention of Corruption Act, 1988.