A PALANISAMY Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) One John Peter gave a complaint on 30.04.2013 to the Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, alleging that Palanisamy (A-1), Executive Officer, Vallam Town Panchayat, M.Parimala (A-2), Chairman, Vallam Town Panchayat, Purushothaman (A-3), 14th Ward Councillor, Vallam Town Panchayat and others have made illegal appointments to the posts of Electrician Grade-II, Motor Operator and Watchman, after obtaining illegal gratification from incompetent persons. Since no action was taken on the complaint, John Peter filed Crl.O.P.(MD)No.14348 of 2013, in which, a learned Single Judge of this Court, by order dated 12.09.2013, directed the Vigilance and Anti-Corruption Wing to take appropriate action on the said complaint. Pursuant to the directions, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing registered a First Information Report in Crime No.4 of 2015 on 21.04.2015 under Sections 120-B, 466, 468, 471 of the Indian Penal Code and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and after completing the investigation, has filed a final report in Spl.Case No.6 of 2016 before the learned Chief Judicial Magistrate -cum- Special Judge for Prevention of Corruption Act Cases, Thanjavur at Kumbakonam for the offences under Sections 120-B, 466, 468, 471, 177 r/w 109 of the Indian Penal Code and Section 13(1)(d)(ii),(iii) r/w 13(2) of Prevention of Corruption Act, 1988 against Palanisamy (A-1) and five others. After receipt of summons from the Trial Court, Palanisamy (A-1) appeared and filed an application in Crl.M.P.No.1636 of 2017 in Spl.Case No.6 of 2016 under Section 227 of the Code of Criminal Procedure for discharing him from the prosecution. The Trial Court, by the impugned order dated 16.08.2017, has dismissed the discharge application, aggrieved by which, Palanisamy(A-1) has preferred the present Criminal Revision Case.

(2.) Heard Mr.C.Arul Vadivel @ Sekar, learned counsel for Palanisamy (A- 1) and Mr.C.Mayil Vahana Rajendran, learned Additional Public Prosecutor appearing for the respondent.

(3.) The learned counsel for the petitioner submitted that for the incident that is said to have taken place in the year 2000 to 2002, the First Information Report has been registered only on 21.04.2015 and the final report has been filed only in the year 2016 and the same is barred by limitation.