A. MARUTHACHALAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed to set-aside the order dated 26.07.2019 in Crl. M.P. No. 5 of 2016 in Spl. C.C. No. 40 of 2011 passed by the Special Judge, Special Court for trial of Prevention of Corruption Act, Coimbatore to amend or alter the alleged combined charge dated 28.06.2011 framed against the petitioner as per the direction of this Court in Crl. R.C. No. 1228 of 2011 dated 18.11.2015.

(2.) An application has been filed by the petitioner seeking further action based on the order passed in Crl. R.C. No. 1228 of 2011, dated 18.11.2005. The brief facts which led to Crl. R.C. No. 1228 of 2011 is that originally the petitioner along with his wife Geetha Rani was arrayed as accused in C.C. No. 14 of 2008, for the offence under Sections 13(2) r/w 13(2)(e) of Prevention of Corruption Act, 1988 and 109 IPC. Both the petitioner and his wife filed discharge petition under Section 239 Cr.P.C before the trial Court in Crl. M.P. No. 516 of 2009, the trial Court by order dated 31.05.2011 discharged the petitioner's wife and dismissed the petition as against the petitioner. Against which, the petitioner preferred Crl. R.C. No. 1228 of 2011 before this Court. This Court by order dated 18.11.2015 dismissed the said revision confirming the order passed in C.M.P. No. 516 of 2009 dated 31.05.2011 and directed the Court below as follows:-

(3.) Based on which, the petitioner filed an application before the trial Court in Crl. M.P. No. 5 of 2016 in C.C. No. 40 of 2011. The trial Court by order dated 26.07.2019 dismissed the application. Against which the present revision.