K. DHEENADHAYALAN AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THESE criminal original petitions have been filed under Section 482, Cr.P.C., praying to call for records relating to Special Calendar Case No. 1 of 2014 pending on the file of the X Additional Special Judge, Chennai and quash the same.

(2.) THE case of the prosecution is that on 30 -06 -1996, a complaint has been received from one V. Viswanathan, IAS formerly Secretary of Government of Tamil Nadu, Handlooms, Handicrafts, Textile and Khadi Department, Chennai - 600 009 wherein it is alleged that one Jasbir Singh Bajaj, IAS, formerly Managing Director, Tamil Nadu Handloom Weavers Co operative Society Limited (Co -optex) and Chairman of Purchase Committee and others have flouted the existing Rules in purchasing silk sarees and thereby, caused heavy loss to the Government of Tamil Nadu. The complaint, in question, has been registered in Crime No. 46 of 1996 under Sections 120(b) read with 409, IPC and also under Sections 13(2) read with 13(1)(b) of the Prevention of Corruption Act, 1988. The further case of the prosecution is that the respondent has conducted investigation and filed a final report on 12 -08 -2014. The final report filed on the side of the prosecution has been taken on file in C.C. No. 1 of 2014.

(3.) ON the side of the respondent in both the petitions, separate counter has been filed wherein it is stated that the petitions filed under Section 482, Cr.P.C., ought to be considered with utmost circumspection and should not be used to stifle a legitimate prosecution as pointed out by the Honourable Supreme Court in various decisions. Since the Investigating Officer has collected more number of evidence, delay in filing final report has occurred and further, due to administrative reasons also such delay has happened. All the accused have committed the offences mentioned in the final report and therefore, there is no merit in the petitions and the same are liable to be dismissed.