ABBAS MANTHIRI Vs. STATE

JUDGEMENT

(1.) The petitioner was working as Village Administrative Officer in Valinokkam Village, Ramanathapuram District. On the allegation that he demanded a bribe of Rs.500/- from the de facto complainant, a case in Crime No.10 of 2005 was registered and a trap was laid, in which the petitioner was caught on 17.10.2005. After completion of the trap proceedings, investigation was taken up by the respondent Police and a charge sheet in Spl.C.C.No.8 of 2007 was filed before the learned Special Judge for Prevention of Corruption Act Case, Chief Judicial Magistrate Court, Ramanathapuram, for the offences under Sections 7 and 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988. It may be pertinent to state that sanction was obtained from the Revenue Divisional Officer, Paramakudi, under Section 19 of the Prevention of Corruption Act and only thereafter, the charge sheet was filed before the Special Court as stated above. After the Court had taken cognizance of the offences, the petitioner entered appearance and obtained records under Section 207 Cr.P.C. Thereafter, he filed a petition in Cr.M.P.No.17 of 2008 in Spl.C.C.No.8 of 2007, under Section 239 Cr.P.C., for discharge, on the ground that there was irregularity in the sanction, inasmuch as the Appointing Authority was the Government of Tamil Nadu, but whereas, the sanction was given by the Revenue Divisional Officer. The Trial Court, by order dated 17.04.2008, dismissed the discharge petition. Challenging the same, the present revision has been filed in the year 2008 and the same is pending till 2018 without disposal.

(2.) Heard Mr.V.Rajiv Rufus, learned counsel appearing for the petitioner and Mr.C.Mayilvahana Rajendran, learned counsel appearing for the respondent Police and perused the materials filed in the form of typed set.

(3.) Mr.V.Rajiv Rufus, learned counsel for the petitioner placed very strong reliance upon Paragraph Nos.8 and 9 of the Honourable Supreme Court's Judgement in Ram Krishnan Prajapati vs. State of U.P., (2000) SCC(Cri) 687, which read as under: