HEMENDHRA REDDY AND ORS. Vs. THE STATE

JUDGEMENT

(1.) These criminal original petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to Calendar Case No.13 of 2015 and quash the final report.

(2.) The case of the prosecution is that the prime accused, by name, D.Dwarakanadha Reddy, has served as appraiser in Customs Department in the year 2004. After receipt of reliable information, the Superintendent of Police, SPE/CBI/ACB, Chennai, has conducted investigation with regard to possession of properties by the prime accused and his wife, disproportionate to his regular income. The prime accused has been given notice and thereby directed to give proper explanation. Since he has not given any satisfactory explanation, a case has been registered against them under Sections 13(2) r/w. 13(1)(e) of the Prevention of Corruption Act, 1988 and also under Section 109 of the Indian Penal Code r/w.13(1)(e) of the Prevention of Corruption Act, 1988. After conducting investigation, the respondent has filed a closure report under Section 173(2) of the Code of Criminal Procedure, 1973, on the file of the Principal Special Court for CBI Cases, Chennai and the same has been accepted and consequently, the First Information Report has been closed. The respondent, after getting subsequent information and also after obtaining necessary permission from the Principal Special Court for CBI Cases, Chennai, has again investigated the matter and filed a final report against the prime accused, his wife and his brother-in-law and all of them have been arrayed as accused 1 to 3. The final report filed by the respondent has been taken on file in Calendar Case No.13 of 2015, on the file of the 13th Additional Special Judge for CBI cases, Chennai.

(3.) During the pendency of the same, the second accused, as petitioner, has filed Crl.O.P.No.15873 of 2015, the third accused, as petitioner, has filed Crl.O.P.No.11101 of 2015, on the file of this Court, for getting the relief sought therein.