S.DHEENADHAYALAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Criminal Original Petition has been filed, seeking to set aside the order passed by the learned Chief Judicial Magistrate/Special Judge, Cuddalore, in Crl.MP.No.130 of 2019 in Spl.Case No.24 of 2011 dated 15.03.2019, dismissing the petition filed under Section 243 (i) Cr.P.C., to permit the petitioner to examine 7 witnesses on his side.

(2.) The case of the prosecution is that the petitioner/accused was working as Foreman Grade-I, in the office of Junior Engineer, TNEB, Rural (West), Pathirikuppam, Cuddalore District, from 23.03.2007 to 29.12.2010 and he is a public servant as per Section 2(c) of the Prevention of Corruption Act, 1988.

(3.) On 18.12.2010, the petitioner/accused had demanded Rs.1,000/- as illegal gratification from the complainant- Thiru.N.Loganathan, and that on 28.12.2010 at 09.00 hours, the said complainant met the petitioner/accused to requested to reduce the bribe amount and the petitioner reduced and demanded the bribe amount of Rs.800/- from the complainant and also he directed the complainant to bring the said bribe amount of Rs.800/- on the next day, for himself, as gratification other than legal remuneration as a motive or reward for doing his official act. Pursuant to the demand a trap was laid on 29.12.2010 and the petitioner/accused was caught while accepting the bribe and was arrested and after completion of investigation, the respondent police had filed the final report against the petitioner for the offences punishable under Sections 7 and 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988.