R. MAKESWARAN Vs. THE STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed under section 482 of the Code of Criminal Procedure, 1973 praying to call for records relating to Special Calendar Case No.3 of 2014 pending on the file of Special Judge, Special Court for cases under the Prevention of Corruption Act, Coimbatore and quash the same.

(2.) The material averments made in the petition are that during the relevant period, the petitioner has served as Senior Regional Manager in Regional Office, TASMAC situates in Kumaran Complex, Goundamapalaym. On 10.1.2012, one S.M.Suresh, as defacto complainant, has given a complaint against the petitioner, wherein it is stated that some District Managers have reported that the petitioner has used to receive bribe and also demanded bribe. On the same day, a surprise inspection has been conducted and a sum of Rs.1,75,000/- has been seized from the table drawer of the petitioner. The respondent police conducted an enquiry and one P.Selvan Amalraj, District Manager of Tirupur, informed that an amount of Rs.2 Lakhs has been demanded as bribe by the petitioner and he managed to bring Rs.1,90,000/- and out of Rs.1,90,000/-, Rs.1,55,000/- has already been given to the petitioner as bribe and Rs.35,000/- has been kept with him for giving the same to the petitioner as bribe. On the basis of the complaint, a case has been registered under sections 7, 13(2) r/w 13(i)(d) of Prevention of Corruption act, 1988. The allegations made against the petitioner are completely false and there should not be any presumption with regard to motives attributed against the petitioner. On the basis of the complaint, investigation has been done and subsequently, a final report has been filed and the same has been taken on file in Special Calendar Case No.3 of 2014. Under the said circumstances, present petition has been filed for getting the relief sought for therein.

(3.) In the counter filed on the side of the respondent, it is averred that on the basis of the complaint, a surprise inspection has been conducted, wherein a total sum of Rs.3,03,500/- has been seized by the surprise check team and out of Rs.3,03,500/-, Rs.1,75,000/- has been seized from the table drawer of the petitioner and further every District Managers have given statements to the effect that it is the usual practice of the petitioner to demand and receive bribe and accordingly, the investigation has been done and after completing the same, a final report has been laid and the same has been taken on file in Special Calendar Case No.3 of 2014 and there is no merit in the petition and the same deserves to be dismissed.