G ELUMALAI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner herein is the third accused in C.C.No.21 of 2017 on the file of the XIII Additional Special Court for CBI Cases, Chennai 104.

(2.) On completion of investigation, final report has been filed against this petitioner and others for the offence under Section 120B IPC r/w Sections 7,8,13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. This petitioner has filed an application before the trial Court under Section 239 Cr.P.C., to discharge him from the prosecution on the ground that there is no material produced by the prosecution either by way of statement or document that the petitioner had demanded or accepted or agreed to obtain any gratification from any person. In the absence of either demand or illegal gratification or acceptance of gratification, charge under Prevention of Corruption Act cannot be framed.

(3.) The petitioner as an Enforcement Officer, had participated in the inspection of M/s Saveetha Group of Institutions regarding evasion of Employees Provident Fund Contribution. Based on the allegation that one Durga Prasad(A1), Regional Commissioner-1, Regional Office, Employees Provident Fund Organisation, Chennai, demanded a sum of Rs.25lakhs from the representatives of M/s Saveetha Group of Institutions as illegal gratification for favouring the institution in the matter of evasion in Employees Provident Fund Contribution. Pursuant to the conspiracy to obtain illegal gratification, this petitioner and other accused from the Provident Fund Organisation had obtained Rs.15 lakhs.