This court dismissed criminal original petitions seeking to quash corruption proceedings alleging false entries in a stock register regarding imaginary helmet purchases. The court held the allegations constituted sufficient material to proceed at trial.
Petitions to quash criminal proceedings under Section 482 CrPC were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 12-10-2015
CORAM:
THE HONOURABLE MR. JUSTICE A. SELVAM
Criminal Original Petition Nos.7536 and 7492 of 2015 and M.P.Nos.1 and 1 of 2015
S.M.N. Dominic, aged about 58 years (A4) Son of Late Sh.M.D.Dominic Sub-Inspector of Police, Puducherry Police residing at No.12, Bairavi Street, Veera Vanchi Nagar Villianur, Puducherry - 605 110
Petitioner in Crl.O.P.7536/2015
Mohamed Mustafa Kamal (A6), aged about 63years Son of Late Abdul Aziz Senior Accounts Officer(Retd.) Government of Puducherry, Puducherry residing at No.50, Ellaiamman Koil Street Puducherry - 605 001
Petitioner in Crl.O.P.7536/2015
Vs.
State represented by the Inspector of Police SPE:CBI:ACB:Chennai Shastri Bhavan, Chennai - 600 006
Respondent
Criminal Original Petitions under Section 482, Cr.P.C., to call for the records relating to Special C.C.No.6/2010 in RC MA 1 2009 A 0031 on the file of the Honourable Special Judge, Puducherry and quash the same in respect of the charges as against the petitioner/sixth accused herein.
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For petitioners :: Mr. A. Ramesh, SC for Mr. L. Swaminathan
For respondent :: Mr. K. Srinivasan, Spl.PP
ORDER
These criminal original petitions have been filed under Section 482, Cr.P.C., praying to call for records pertaining to Calendar Case No.6 of 2010, pending on the file of the Special Judge,Puducherry and quash the same.
of 2015 has been arrayed as A6, whereas the petitioner found in Crl.O.P.No.7536 of 2015 has been arrayed as A4. The respondent has conducted investigation and filed a final report against the petitioners and others under Section 120-B read with Section 420, 468 read with Section 471 and 511, IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.
whereas the sixth accused has served as Senior Accounts Officer. The Government
of Puducherry has allotted funds under Modernisation of Police Force Scheme for
the financial year 2008-2009. Out of this Rs.20,00,000/-(Rupees Twenty lakhs only)
has remained unutilized. It is decided to purchase 'Crash Helmet' and accordingly,
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orders have been placed to A3. Since financial year has come to an end an entry has
been made in Stock Register by A4 and the same has been signed by A6. There is no loss to the Government. But the respondent without considering the role alleged to have been played by both the accused has erroneously impleaded them as accused Nos.4 and 6. Under the said circumstances, these petitions have been filed for getting the reliefs sought therein.
has contended with great vehemence that even in budget allotment some amounts
have been set apart for Police Department and only on the basis of orders of
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Superior Officers, orders have been placed to the third respondent so as to purchase
2000 helmets and since financial year is going to be closed only for record purpose, necessary entries have been made in the Stock Register and there is no mala fide intention on the part of the petitioners and the respondent without considering the fact that only for record purpose such entry has been made, erroneously implicated the petitioners as accused Nos.4 and 6. Under the said circumstances, the present petitions have been filed and therefore, the proceedings against the present petitioners in C.C.No.6 of 2010 are liable to be quashed.
(i) In the Annexure of Budgetary details for Revised Estimate 2008-2009
(Plan), 3.05 crores has been alloted to clothing and tentage. In the notice dated 1902-2009, it is observed as follows:
"In this connection, it may be mentioned that the General Election to the Lok Sabha will be held very shortly. In order to maintain the law and order operation by this department and for giving security to all police force while on dly, it is proposed to procure 'Helmets'for providing to all upper sub-ordinates and lower sub-ordinates, which is compulsorily required while driving the two wheelers and on bundobust duties during the General Election to the Lok Sabha, 2009."
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(ii) The Office of the Inspector General of Police, Puducherry has issued order
dated 10-10-2006,which reads thus:
"Sub-Inspector D. Venkatanarayanan of I.R. Battalion passed away in a fatal road accident on 19/09/2007. He suffered severe head injuries. Had he been wearing helmet, he might have survived. Number ofprecious lives have been lost in road accidents and the major reason is head injury. Police Department cannot afford to lose precious lives like this. It is not only loss to the department but also great loss to the bereaved family. Henceforth, no police personnel shall drive two wheelers or use two wheelers as a pillion rider without wearing helmet. If any police personnel is found driving two wheelers or using two wheelers as a pillion rider without wearing helmets, it shall be treated as an act of disobedience and indiscipline and action will be taken accordingly.
It is the duty of all Supervisory Officers to ensure that they themselves and all police personnel under their command wear helmet whiel driving two wheeler or using two wheeler as a pillion rider. Whenever any police personnel is found disobeying this order, concerned supervisory officer must immediately bring this to the notice of IGP through proper channel.
This order comes into force with immediate effect. "
clear that it is decided to purchase 2000 helmets for the exclusive use of Police Personnel. The allegations made on the side of the prosecution is that without
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purchasing 2000 helmets necessary entry is made in the Stock Register as if the same have been purchased and thereby, cheated the Government of Puducherry. For analysing the contention put forth on the side of the respondent, the Court has to look into the allegations made in the final report. In the final report, it is clearly stated that the A4 viz., S.M.N. Dominic made an entry in the Stores Receipt Voucher No.07767 dated 30-03-2009. A6 has processed the bill knowing fully well that the contents of the certificate are false. In the stock register, an entry has made on 30-03-2009 to the effect that 2000 helmets have been supplied by A3.
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Register, as if the said helmets have been purchased by the fourth respondent and necessary process has been routed by A6. Since 2000 helmets have not been purchased and since entry has been made as if the same have been purchased it is needless to say that the Court is having sufficient materials to proceed further. At this stage, the Court has to find out as to whether sufficient materials are available so as to proceed further. The contention put forth on the side of the petitioners can be taken as a defense only at the time of trial. At this stage, the Court cannot come to a conclusion that it is the usual practice of making necessary entry in the Stock Register due to closure of financial year. For the purpose of proving the said aspect relevant evidence is required and the same can be adduced only at the time of trial. At this stage, the Court cannot accept the contention put forth on the side of the petitioners. It has already been point out that without purchasing 2000 helmets necessary process has been done by A6 and relevant entry has been made by A4 in the Stock Register. Only in respect of the said acts, they have been shown as A4 and A6. Therefore, as pointed out earlier sufficient materials are available so as to proceed further against A4 and A6. Under such circumstances, the argument advanced by the learned counsel for the petitioners cannot be accepted and altogether, these petitions are liable to be dismissed.
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In fine, these petitions are dismissed. The connected miscellaneous petitions are also
dismissed.
12-10-2015
Index:yes/no glp
To
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A. SELVAM,J.
glp
Criminal Original Petition Nos.7536 and 7492 of 2015 and M.P.Nos.1 and 1 of 2015
12-10-2015
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Criminal Original Petition Nos.7536 and 7492 of 2015 and M.P.Nos.1 and 1 of 2015
To
The Honourable Mr. Justice A. SELVAM
Most respectfully submitted glp P.A.
2 issues framed by the court
Whether sufficient material exists to maintain criminal proceedings alleging false stock entries without actual helmet purchases.
Whether mere entry in Stock Register for record purpose before financial year end justifies dismissal of corruption petitions under Section 482 CrPC.
2 provisions across 2 enactments
S.M.N. Dominic
Mohamed Mustafa Kamal
State
A. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
