S. MURALI MOHAN Vs. S. SRIKALA

JUDGEMENT

(1.) Invoking the provisions of section 482 of the Code of Criminal Procedure, this petition is filed by the petitioners to quash the criminal proceedings of the case concerned in F.I.R.No.RC MA1 2016 A 0045, which is registered against them on the file of the SP/Inspector of Police, CBI, ACB, Chennai.

(2.) The petitioners 1 and 2 are none other than the husband and wife and ranked as A1 and A2 in the above said case. The first petitioner Mr. S. Murali Mohan is an IRS Officer belonging to 1999 batch in the Income Tax Department and at the time of registration of the First Information Report he was working as Additional Commissioner of Income Tax, Range CR-3. Chennai and as such he is a public servant. It is alleged that during the check period i.e., from 01.01.2002 to 30.08.2014 he had amassed assets and pecuniary resources to the tune of Rs. 3,28,00,029/- in his name as well as in the name of his wife Smt. S. Srikala who is the second petitioner herein and also in the name of other family members, which according to the prosecution, is disproportionate to his known and lawful source of income, for which he has not satisfactorily accounted.

(3.) It is also alleged that the second petitioner Smt. S. Srikala. W/o. S. Murali Mohan is a housewife and hails from an ordinary family. She is a B.A Graduate. The petitioners are having two children. During the relevant period, the first petitioner S. Murali Mohan had acquired both movable and immovable properties in the names of his wife Smt. S. Srikala (A2) and his mother Smt. S. Sarojini, which are disproportionate to their known sources of income for which they have not accounted satisfactorily.