(1.) The Criminal Original Petition has been filed seeking to set aside the order passed by the learned Chief Judicial Magistrate, Erode, in Crl.M.P. No. 2128 of 2019 in Spl.C.C. No. 32 of 2015 dismissing the petition under Sec. 91 Cr.P.C., seeking to cause production of the documents which were in the custody of one Arumugam, former VAO of Kathirampatty Village.
(2.) The learned counsel for the petitioner would submit that the petitioner is an accused facing trial in Spl.C.C. No. 32 of 2015 for the offences punishable under Ss. 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988. He would submit that the prosecution case is that while the petitioner was working as a Village Administrative Officer of Kathirampatty Village, Erode District, he is alleged to have demanded bribe of Rs.1,000.00 on 24/9/2008 and again reiterated the said demand on 25/9/2008 from the complainant-P.W.2, for issuance of Chitta Adangal and FMB copy of the lands in SF No. 67/1A and 67/2C of Chinnathikadu, Kathirampatty Village, Erode District. Further averment is that pursuant to the demand a trap was arranged on 26/9/2008 at the office of the Village Administrative Officer and after completing the formalities, trap was completed and the petitioner was arrested on 26/9/2008 at 6.25 pm.,. He would submit that after completion of trap, the respondent filed final report and it was taken on the file as Spl.C.C. No. 32 of 2015 and during the course of trial, the prosecution has examined P.W.1 to P.W.9 and marked certain documents. He would further submit that it is the specific defence of the petitioner is that on the fateful day, P.W.2- Shanmugasundaram, had come to the office to remit the outstanding kist charges of Rs.1,000.00 for his lands and after tendering Rs.1,000.00 the respondent police has stage managed it as a case of demand and acceptance of bribe and arrested the petitioner.
(3.) He would submit that P.W.2 was in default of kist charges and it could be seen from the Village Account No. 14 of Kathirampatty Village and supported by (i) Account No. 14, (ii) "ifj;jz;ly;", (iii) Book No. 10 (ii) and (iv) arrears of kist charges. After the arrest of the petitioner all those documents were handed over to his successor-Incharge, viz., Arumugam, who had inturn handed over the above Village records to the respondent as per the oral instructions passed by the Tahsildar. Since, these documents were very crucial, essential and necessary documents for putting forth his defence, the petitioner sent a petition under Right to Information Act on 17/6/2017 calling for the following documents viz., (i) Documents in respect of account No. 14 and 16 relating to Fasli 1417 with respect to patta Nos. 36, 172 and 185 (ii) Account No. 13 i.e., "ifj;jz;ly;" relating to demand in respct of Fasli 1417 for the period between February to September. The petitioner received a reply from the appellate Authority along with xerox copy of the report of VAO, Arumugam dtd. 16/12/2008, wherein he had stated that the said documents sought for had been handed over to the respondent police on the directions of Tahsildar and thereby, the appellate Authority had sent a reply stating that since the documents are not available in the Tahsildar office, they are unable to furnish copies of the same. However, they sent the copies of the Chitta Adangal showing that the property stands in the name of P.W.2.