S.Rajaiah vs State By Its
2023 Latest Caselaw 8005 Mad

                                                                            Crl.OP.No.14836 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 11.07.2023

                                                      CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                              Crl.O.P.No.14836 of 2023
                                                         and
                                          Crl.MP.Nos.9247 and 9250 of 2023


                     1. S.Rajaiah
                     2. P.Arumugam                                   ... Petitioners

                                                         Vs.

                     1. State by its
                        The Deputy Superintendent of Police,
                        Directorate of Vigilance & Anti-Corruption,
                        Villupuram.
                        Crime No.2/2013/AC/VPM
                     2. S.Santha
                        The Deputy Inspection Cell Officer,
                        O/o. District Inspection Cell Officer,
                        Cuddalore & Villupuram District.            ... Respondents



                     Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to
                     call for the entire records comprised in Spl.Case.No.1 of 2019 on the file of
                     the learned Special Judge for cases under Prevention of Corruption Act,
                     Villupuram and quash the same.




                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                   Crl.OP.No.14836 of 2023

                                        For Petitioners     : Mr.Vimal B.Crimson

                                        For Respondent     : Mr.S.Udaya Kumar
                                                             Government Advocate (Crl.Side)


                                                            ORDER

This petition has been filed to quash Spl.Case.No.1 of 2019 on the

file of Special Judge for cases under Prevention of Corruption Act,

Villupuram on the ground that the charge against these two petitioners who

were shown as A2 and A3, have not been substantiated by the prosecution

inspite of examining 29 witnesses as on date and the entire prosecution

passed on the statement of approver by name Senthamarai who was

examined as PW2 alleging that while disbursing the maintenance charge, the

Hostel Wardens under the control of Adi-Dravidar Welfare Department, 10%

of the money been collected as bribe by the approver with the assistance of

these two petitioners on the instructions of A1 who is the Deputy Special

Thasildhar, Adi-Dravidar Welfare Department, Kallakurichi, Villupuram

District.

2. The learned counsel appearing for the petitioners referring the final

report that the allegation against the petitioners is that they have aided the

https://www.mhc.tn.gov.in/judis Crl.OP.No.14836 of 2023

approver Senthamarai for assisting her in disbursal of miscellaneous charges

due to hostel wardens/ authorities of Kallakurichi Taluk by deducting 10%

of the total amount and thereby have committed the offence of aiding

criminal breach of trust. Referring the testimony of witnesses mostly the

hostel wardens from whom the alleged 10% of the miscellaneous funds

collected and the approver, the learned counsel further submitted that the

presence of these two petitioners while disbursing the money and assisting

the approver alone been spoken by these witnesses and the collection of 10%

miscellaneous funds on the instructions of A1 given to the approver was not

within the knowledge of these petitioners and therefore even if their

testimony is accepted without any doubt, conviction of these petitioners is

impossible and therefore they need not further suffer ordeal of trial. In

support of his arguments, the learned counsel had relied upon the Judgment

of Hon'ble Supreme Court rendered in The State By S.P. through the Spe

CBI /Vs/Uttamchand Bohra reported in 2021 4 Crimes (SC) 521 wherein,

the Hon'ble Supreme Court has observed the attestor to the sale deed in

favour of the public servant who is charged for and tried for possessing

assets disproportionate to known source of income cannot be prosecuted for

abetment under Section 109 of IPC.

https://www.mhc.tn.gov.in/judis Crl.OP.No.14836 of 2023

4. The facts of the case cited is different to the facts of the case on

hand and the overt act attriubuted to the petitioners as spoken by the

approver and corroborated by the other warden requires scrutiny and test by

the trial Court in accordance with the Evidence Act, that cannot be done at

this stage under Section 482 or 401 of Cr.P.C.

5. Without expressing any view about the merits of the case

contended by the counsel for the petitioners, taking into consideration the

facts and the submissions made by both counsel, this Criminal Original

Petition is dismissed. The trial Court is directed to complete the trial within

a period of four months from today. Consequently, the connected

miscellaneous petitions are closed.

11.07.2023 Index : Yes/No Neutral Citation : Yes/No

Vv

https://www.mhc.tn.gov.in/judis Crl.OP.No.14836 of 2023

To

1. The Special Judge for cases under Prevention of Corruption Act, Villupuram .

2.The Deputy Superintendent of Police, Directorate of Vigilance & Anti-Corruption, Villupuram.

3.The Public Prosecutor, Madras High Court.

https://www.mhc.tn.gov.in/judis Crl.OP.No.14836 of 2023

Dr.G.JAYACHANDRAN,J.

Vv

Crl.O.P.No.14836 of 2023 and Crl.MP.Nos.9247 and 9250 of 2023

11.07.2023

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