V. TAMBIRAN THOZHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner/Accused No.2 in Crime No.6 of 2023 on the file of the Vigilance and Anti-Corruption Wing, Thoothukudi, Thoothukudi District has filed this Quash Petition to quash the said FIR as against him only.

(2.) The brief facts of the case as follows: The First Respondent/Vigilance Department received secret information about the receipt of bribe from the Contractors at the time of the Final Settlement of Bills due to them after completion of the Contract work allotted to them. Therefore, they made a surprise raid on 1/11/2023 at 16.50 hours, in the Public Works Department Office, situated at Door No.1/J, Tamil Salai, Thoothukudi. During the course of the raid, the Vigilance Department, made a search in the Office and recovered a sum of Rs.2,28,000.00from one Vasudevan, who was working as Assistant in the said office i.e., in the pant pocket a sum of Rs.1,28,000.00 and from his Almirah a sum of Rs.1,00,000..00 When the Vigilance Officer enquired about the possession of the said huge amount, he confessed that the said amount belonged to the Petitioner, who was the Executive Engineer and he asked to receive a sum of Rs.1,28,000.00 from the Contractor on his behalf and he kept the same. Further, he confessed that the Petitioner handed over a sum of Rs.1,00,000.00 to keep it safely.

(3.) Pending investigation, the Petitioner filed this Quash Petition stating that he never handed over the amount of Rs.1,00,000.00 to Accused No.1/ Vasudevan and he never instructed Vasudevan to receive a sum of Rs.1,28,000.00from the Contractor to keep it in his custody. A false case was registered against him and on the basis of the confession of the First Accused, he was arrayed as Accused. He further raised the ground that he never had the habit of receiving bribe and if he had the habit of receiving bribe, he would have received bribe directly and he also stated that the Respondent-Police received the written explanation by force from the First Accused and hence, he seeks for the quashment of FIR, filed against the him. The learned Counsel for the Petitioner made elaborate submissions reiterating the above grounds.