Sherin Joy vs The State Represented By
2023 Latest Caselaw 8066 Mad

                                                                                      Crl.R.C.No.1276 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 11.07.2023

                                                            CORAM

                              THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

                                                     Crl.R.C.No.1276 of 2023

                  Sherin Joy                                                    ... Petitioner

                                                              Vs.

                  The State represented by,
                  The Inspector of Police,
                  Vigilance and Anti Corruption,
                  Perambalur.
                  (Crime No.1/2020 dated 29.01.2020)                            ... Respondent

                  Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of Criminal
                  Procedure Code, to call for the records and set aside the judgment in
                  Crl.M.P.No.1918 of 2022 dated 25.01.2023 in Spl.C.C.No.01 of 2022 on the
                  file of the Special Judge / Chief Judicial Magistrate at Perambalur for offences
                  under Sections 7(a) of the Prevention of Corruption Act, 1988.

                                    For Petitioner       : Mr. C.Bala Subramaniam

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

                                                           ORDER

The petitioner herein, who was caught for receiving bribe of Rs.2,000/-

from the defacto complainant for recommending the application to get the https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1276 of 2023

benefit of Ramamirudham Ammaiyar Thirumana Neethi uthavi thittam, is

before this Court challenging the order of the trial Court dated 25.01.2023,

dismissing her discharge petition. While preferring the said revision, there is a

delay of 50 days. Therefore, the miscellaneous petition to condone the delay is

filed along with the revision petition.

2. On perusing the record and the affidavit filed in support of Section

5 application, this Court finds that the petitioner claims that she was trapped

by the defacto complainant falsely by giving certain documents along with

tainted money stealthily. She never demanded any illegal gratification.

Therefore, the order of the trial Court, dismissing the discharge petition is to be

set aside and she must be discharged.

3. On perusing the impugned order, this Court finds that the accused

admits the trap proceedings conducted by the respondents on 29.01.2020 and

the recovery of a sum of Rs.2,000/- from her. Her defence is that money was

stealthily kept along with the other documents submitted to her and she never

demanded any illegal gratification. These are facts to be proved in the trial

since the statute provides for presumption and also right to the accused to rebut

such presumption, while so, discharge from prosecution is not legally https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1276 of 2023

sustainable. The trial Court has assigned reason for dismissal of the discharge

petition and this Court finds no perversity or illegality in the order. Hence, this

Criminal Revision Case is dismissed.

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

To

1.The Special Judge / Chief Judicial Magistrate, Perambalur

2.The Inspector of Police, Vigilance and Anti Corruption, Perambalur.

3.The Public Prosecutor, High Court of Madras.

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

Crl.R.C.No.1276 of 2023

Dr.G.JAYACHANDRAN,J.

AT

Crl.R.C.No.1276 of 2023

11.07.2023

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