K. SIVAMANI Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) Mr. Sivamani the petitioner herein, is arrayed as first accused along with Mr. Parasmal Jain (second accused) in C.C.6 of 2016 on the file of special judge for cases under Prevention of Corruption Act, Chennai.

(2.) The prime contention of the petitioner is that, the final report is outcome of embellished version of a fake complaint given by one Vijayalakshmi after all her attempts to foist a case against him got foiled by intervention of the court. Ultimately, suppressing the earlier proceedings she obtained order from the High Court directing the first respondent to register her complaint. The Respondent police without applying the mind and without taking note of the earlier orders passed by the High court in the matter, has registered a case against him under various sections of IPC and Section 13(1)(d) of the Prevention of Corruption Act and laid the final report, which is illegal and unsustainable. Hence the proceedings is liable to be quashed.

(3.) The said contention is refuted by the first respondent through its counter, wherein it is submitted that, Sri.S.Vijayalakshmi has filed a petition before this Court in Crl.OP.No. 16108 of 2014 seeking direction to the Director of Vigilance and Anti-Corruption to register the FIR and investigate on her petition dated 14.6.2014. In compliance to the direction, a case has been registered by DVAC in Crime Number 4/2014/HQ under section 448, 384 and 506 IPC and Sections 13(2) r/w 13 (1)(d) of Prevention of Corruption Act, 1988 against the petitioner and 4 others and taken up for investigation. On examining 41 witnesses and marked 50 documents collected in the course of investigation the following facts got unravelled.