M G KANNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to quash the proceedings in Crime No.1 of 2017, on the file of the 1st Respondent Police, as illegal.

(2.) The petitioner herein is arrayed as sole accused in Crime No.1 of 2017, registered by the first respondent, named as Thiru.R.Pandiarajan in the said FIR, on 05.05.2017, for the offences punishable under Sections 167, 418, 420, 465, 466, 468 and 471 of IPC., and Sections 7 and 13(2) r/w 13(1) r/w. 13(i)(d) of Prevention of Corruption Act, 1988, based on the confession, dated 19.07.2016 given by the 2nd respondent herein, to the Director, Vigilance and Anti-corruption, Chennai, who had ordered for preliminary enquiry by the above said Deputy Superintendent of Police, Vigilance and Anticorruption, Theni, Madurai, in charge of Theni Vigilance and Anticorruption and on the basis of the outcome of the preliminary enquiry and as per the order of the Director, Vigilance and Anticorruption, Chennai, dated 11.04.2017, the above case in FIR No.1 of 2017 was registered. Investigation was taken up by the Inspector of Police, Thiru.P.Sundarrajan, Vigilance and Anticorruption, Theni and the investigation is still in midway and is going on process and number of documents have to be collected from the revenue Department and to be examined number of official witnesses.

(3.) Allegations have been made by the 2nd respondent against the accused officer / petitioner alleging that the accused officer, as jurisdictional Village Administrative Officer in the year 2015 of Bodinayakanur Village, had created false records, in which he knows to be incorrect, with an intention to cause loss / injury to the 2nd respondent, had transferred the patta in respect of the land in S.No.1767/1A measuring 0.06.5 Ares stands in the name of Minors Senthil Muthurani and Senthil Muthukali through their guardian V.S.S.Gunasundari, vide patta No.2783, to the name of Thiru Vadivelu S/o.Mahalingam Pillai, who died during the year 1993 vide patta No.2091 and in this connection, when the 2nd respondent with her husband Karthick met the accused officer in his residence on the first week of March 2016 regarding the transfer of patta in the name of said Vadivelu, for the land in S.No.1767/1A 0.06.5 Ares, the accused officer demanded a sum of Rs. 5,00,000/- from the 2nd respondent, in the presence of her husband Karthick, who settled the matter.