Special Judge And Chief Judicial ... vs Unknown
2021 Latest Caselaw 21287 Mad

                                                                  1

                                                 Crl.OP(MD)No.4852 of 2022
                                                            in
                                                Crl.A(MD)SR No.6978 of 2022

                     G.ILANGOVAN,J

                                    This petition has been filed to grant leave to

                     file         appeal    against      the   order        of     acquittal     passed      in

                     Special         Case       No.8   of    2014,         dated    25.10.2021      by      the

                     Special Judge and Chief Judicial Magistrate, Karur.



                                    2.Heard both sides.



                                    3.The learned Additional Public Prosecutor would

                     submit that on the side of the prosecution through the

                     shadow witness, the demand and acceptance of the bribe

                     amount         has    been    clearly      established             before   the    trial

                     court. But the trial court has observed that instructions

                     47 of the Vigilance Manual was not properly followed and

                     the conclusion that has been reached by the trial court

                     on the basis of the evidence, is also not valid under

                     law.



                                    4.But however, the learned counsel appearing for

                     the      respondent         would      submit     that       the    judgment      of   the

acquittal has been passed by the trial court, after

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elaborate discussion of the facts and circumstances of

the case and absolutely, there is no evidence on record

to show the involvement of the second accused accused in

the offence. Similarly, there was no possibility for the

first accused also to demand and accept the amount. On

that ground the judgment of acquittal has been rendered.

So according to him, no leave can be granted to the

appellant, the petitioner herein.

5.Reading of the entire judgment shows that

appreciation of facts, as done by the trial court on the

basis of evidence that was let in by the prosecution,

require to be scrutinized. So,I am of the considered view

that opportunity must be given to the prosecution to

substantiate their case. On that ground, this petition is

liable to be allowed and accordingly, it is allowed and

leave is granted and the criminal appeal is also admitted

since the respondents herein have already on record, the

Registry is directed to call for entire records from the

concerned court and prepare the copies forthwith.

29/04/2022 Index:Yes/No Internet:Yes/No er

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G.ILANGOVAN,J

er

Crl.OP(MD)No.4852 of 2022 in Crl.A(MD)SR No.6978 of 2022

29/04/2022

https://www.mhc.tn.gov.in/judis