M.MANUNEETHI CHOLAN Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition has been filed by the petitioner praying to quash the criminal proceedings in C.C.No.1 of 2016 pending on the file of the learned XII Additional Special Judge for CBI Cases, Chennai, as against the petitioner herein. In the said case, the petitioner herein has been arrayed as the 1st accused.

(2.) The brief facts of the case of the prosecution are as follows: -

(3.) The learned senior counsel appearing for the petitioner submitted that the case has been registered only on a source information and no one has given any complaint with the respondent -CBI with regard to the alleged illegal gratification of Rs.10 lakhs said to have been received by the petitioner/A1 from the 2nd accused. Absolutely there is no evidence to show that the petitioner herein has made a demand of Rs.10 lakhs from the 2nd accused, as illegal gratification. The learned senior counsel for the petitioner has submitted that the only material available on the side of the prosecution to prove the demand of bribe is the transcription of the recordings of the telephonic conversation that had taken place between the petitioner/A1 and the 2nd accused. In this regard, the learned senior counsel for the petitioner has invited the attention of this Court to the transcription of the recordings of the telephonic conversation that had taken place between the petitioner/A1 and the 2nd accused, which is extracted hereunder_ MNC : "Ayya Vanakkam ayya"(Sir Greetings sir) MAMR : "aah.... sollunga, sollunga ayya"(Yes, tell, tell sir") MNC : Sorry sir... I want to talk for just one minute...... MAMR : Thats all right, you can talk even for 10 minutes MAMR : Sir, on other day you told as "five rupees" MAMR : mmm...... MNC : Sir, please don't get angry, it needs minimum "ten rupees" because at the last minute, others should not mistake us (sic) and that is why am requesting you. MAMR : Yes MNC : Reason being, today I have to send it to the Deputy and we all the five have to sign it. How's that sir, can you give it...... MAMR : .......... MNC : What Sir..... MAMR : Done. MNC : Sir, now we are standing in a battle. MAMR : Tomorrow, the other battle should begin. MNC : Sir, you just wait and see that the things would go in the way you thought MAMR : No, in his life...... MNC : Sir... MAMR : Should not become a member even in Madras Municipal Corporation MNC : Sir, you can see within one week, a criminal case will happen, else you ask this Manuneethi Cholan.... MAMR : Thanks a lot. MNC : Thanks sir. MAMR : I will keep it in ready. MNC :Sir morning I will come. Sir, I will come 9'0 clock sharp. Sir "Vanakkam" sir. The learned senior counsel for the petitioner submitted that the prosecution has relied upon the word 'ten rupees' said to have been uttered by the petitioner to prove the demand. Except this, no other material is available on the side of the prosecution to prove the demand. Further, the conversation does not also reveal what was the purpose behind the said conversation; therefore, the said word 'ten rupees' said to have been uttered by the petitioner/A1 cannot be taken as a material to prove the demand of Rs.10 lakhs as illegal gratification.