The petitioner sought to quash an FIR alleging misappropriation of government funds under the Prevention of Corruption Act and IPC. The High Court held that the defence of innocence and absence of proof of misappropriation must be decided by the trial court.
The Criminal Original Petition was disposed of without quashing the FIR.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
CRL.O.P.No.6081 of 2021
and
CRL.M.P.No.3971 of 2021
G.Rooban Kumar ... Petitioner / Accused - 8
Vs.
State rep. by
Inspector of Police,
Vigilance and Anti Corruption,
Vellore Detachment,
Vellore District.
(Crime No.7/2012) ... Respondent / Complainant
Criminal Original Petition is filed under Section 482 of
the Criminal Procedure Code, to call for the records pertaining
the FIR in Crime No.7 of 2012 of the Inspector of Police,
Vigilance and Anti Corruption, Vellore Detachment, Vellore,
pending before the Special Judge for Vigilance and Anti
Corruption Cases (Chief Judicial Magistrate) at Vellore and
quash the same.
For Petitioner : Mr.R.Vijayakumar
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to call for
the records pertaining the FIR in Crime No.7 of 2012 of the
Inspector of Police, Vigilance and Anti Corruption, Vellore
Detachment, Vellore, pending before the Special Judge for
Vigilance and Anti Corruption Cases (Chief Judicial Magistrate)
at Vellore and quash the same.
2. The Petitioner / A-8 is working as Assistant Engineer at
the office of the Assistant Executive Engineer, Agricultural
Engineering Department, Walajah Sub-Division, Vellore District.
He prays for quashing the FIR pending against him for the
offence punishable under Section 13(i)(d) of Prevention of
Corruption Act, 1988 read with Sections 120(B), 467, 468, 471
and 420 IPC.
3. As per the FIR, the allegation against the petitioner is
that the Tamil Nadu Government had implemented an Agricultural
Mechanization Scheme for reducing the electricity consumption in
the lands used by the farmers. This scheme was implemented in
the year 2007 and as per the records maintained at the office of
Accused - 2, M.Ramalingam, Assistant Executive Engineer, 344
farmers were benefited by this scheme. The petitioner along with
other accused has misappropriated the Government Fund by
creating false and forged documents under the schemes of
Agricultural Mechanization and Integrated Wasteland Development
Programme.
4. The learned counsel for the petitioner would submit that
the Inspector of Police, Vigilance and Anti Corruption, Vellore
Detachment, Vellore himself has suo-moto registered the case
without any report from any official or farmer on 24.02.2012 for
the alleged offence committed between 2007 and 2008. Further, he
submits that the allegation of misappropriation of fund by the
Accused 1 to 9 is baseless and particularly as far as the
petitioner is concerned his role is very limited, he doesn't
have the authority at all to implement the scheme and he just
one of the employees who carry out the job as per the
instructions given by the higher officials.
5. The Learned Additional Public Prosecutor appearing for
the respondent would submit that the investigation is already
completed and two charge sheets have been filed before the
Special Judge for Vigilance and Anti Corruption Cases (Chief
Judicial Magistrate), Vellore and the same is pending for trial.
6. In view of the submissions made by the Learned Additional
Public Prosecutor, the points raised by the petitioner herein
that there is no material to show that there was
misappropriation of fund by the Accused 1 to 9, could be decided
only by the Trial Court. Hence, this Court is of the view that
the the petitioner can work out his remedy before the Court
below where the trial will be commenced and raise all the
grounds raised herein.
7. Accordingly, this Criminal Original Petition is disposed
of. No costs. Consequently, connected miscellaneous petition is
closed.
Sd/-
Assistant Registrar (CS-CCC)
// True Copy //
Sub Assistant Registrar
raja
To
1. The Special Judge for Vigilance and Anti Corruption Cases (Chief Judicial Magistrate), Vellore.
2. The Inspector of Police, Vigilance and Anti Corruption, Vellore Detachment, Vellore.
3. The Public Prosecutor, High Court, Madras.
CRL.O.P.No.6081 of 2021
and
CRL.M.P.No.3971 of 2021
SSN(CO)
B.VC (23/09/2021)
1 issue framed by the court
Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash the FIR pending before the Special Judge.
3 provisions across 3 enactments
G.Rooban Kumar
State rep. by Inspector of Police, Vigilance and Anti Corruption, Vellore Detachment
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court