D.SAMPATH Vs. THE INSPECTOR OF POLLICE.

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner, praying to quash the criminal proceedings in C.C.No.17 of 2015 pending on the file of the learned Special Judge for cases under the Prevention of Corruption Act, 1988 at Chennai, as against the petitioner herein, raising the ground that the complaint is not in conformity with Section 8 of the Prevention of Corruption Act, 1988 (in short 'PC Act') and without the jurisdiction of the authority.

(2.) The brief facts of the case of the prosecution are as follows_

(3.) It is the submission of the learned counsel for the petitioner that the defacto-complainant is a public servant, who is said to have given Rs.5 lakhs in the house of the petitioner and a sum of Rs.10,000/- after six months at Chennai to the petitioner/private individual, for the purpose of getting over an enquiry said to have been pending on the file of the Vigilance and Anti-corruption Department, in relation to disproportionate assets case against him. According to the learned counsel for the petitioner, with regard to the illegal gratification, the complaint by a public servant against a private person is not maintainable in law in terms of the PC Act. In this regard, the learned counsel for the petitioner has invited the attention of this Court to Section 8 of the PC Act, which is extracted hereunder_