S. KRISHNAMOORTHY Vs. STATE

JUDGEMENT

(1.) CHALLENGING the impugned order dated 10.09.2014 made in Crl.M.P. No. 192 of 2014 in Spl.C.C. No. 67 of 2014 on the file of the learned Chief Judicial Magistrate, Villupuram, the present petition is filed by the petitioner/2nd accused.

(2.) LEARNED counsel for the petitioner submitted that the petitioner herein, who is Forest Ranger, Panruti Range, Cuddalore District, is the 2nd accused and he has been facing trial for offences under Sections 7, 12 and 13(1)(d) read with 13(2) of Prevention of Corruption Act. But the Inspector of Police, Vigilance and Anti -Corruption Wing, Cuddalore, is not a competent person to conduct investigation, since the Head office of the forest is situated at Villupuram and the alleged trap proceedings was conducted at Ulundurpet. So the respondent herein is not a competent person to investigate the matter. But the trial Court without considering the above aspect, has erroneously dismissed the petition filed by the petitioner/2nd accused and hence, he prayed for setting aside the order passed by the trial Court. To substantiate his arguments, he relied upon the following decisions:

(3.) CONSIDERED the rival submissions made on both sides and perused the typed set of papers.