Petitioner sought to quash an FIR for demanding a bribe. The single-judge High Court held that merits of the trap test and infringement of investigation were matters for trial. Petition dismissed but police directed to file charge sheet within three months.
Petition dismissed; police directed to file charge sheet within three months.
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.
Crl.O.P.No.27263 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.27263 of 2023 and Crl.M.P.No.18921 of 2023
Devi
... Petitioner
Vs.
... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, pleased to call for records pertaining to the First Information Report in Crime No.02 of 2023 dated 29.03.2023 and quash the same against the petitioner.
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For Petitioner : Mr.Aravind Subramaniam, Senior Advocate for M/s.V.Akshaya Kamala
For R1 & R2 : Mr.S.Santhosh Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings against the petitioner in the First Information Report in Crime No.02 of 2023 on the file of the second respondent police.
the petitioner is an innocent person and she has not made any demand of bribe, whereas, the cash was placed on her table without her knowledge and she had been falsely trapped in this case. He further submitted that the petitioner, who is aged about 34 years, has two small children and she is also pursuing her Bachelor of Engineering in part time. Therefore, he prayed to quash the proceedings in the First Information Report in Crime No.02 of 2023 on the file of the second respondent.
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for the first and second respondents submitted that it is the case, where, the petitioner, who was working as a Commercial Inspector in TANGEDCO, Mallavadi, Tiruvannamalai, had demanded bribe for giving domestic electricity connection to the house of the de facto complainant's son. He further submitted that the de facto complainant's son had given an application on 21.03.2023 seeking electricity connection for his newly constructed house, for which, the petitioner had demanded him a sum of Rs.16,000/-. When the de facto complainant questioned her that the deposit amount was only Rs.5000/-, she replied that the balance amount was for herself and other officials in the Department. Thereafter, she had inspected the house of the de facto complainant's son on 24.03.2023 and when the de facto complainant had once again gone to the petitioner's office on 27.03.2023, she had reiterated the demand. Thereby, the de facto complainant had given the complaint to the respondent Police, based on which, the case in Crime No.2 of 2023 was registered on 29.03.2023.
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by the respondent Police and the petitioner was caught red handed while receiving the bribe amount. He also submitted that the investigation in this case has been completed and the draft final report has also been sent to the appropriate authority for obtaining sanction. He further submitted that the grounds raised by the petitioner are matter for trial and no grounds have been made for quashing the First Information Report. Thereby, he prayed for dismissal of the petition.
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false complaint has been registered against her and a fake trap has been conducted and thereby, the present petition has been filed seeking to quash the First Information Report. However, it is the case of the respondent that based on the complaint by the de facto complainant, a trap was laid and the petitioner was caught red-handed while receiving the bribe amount and the phenolphthalein test conducted at the spot also proved positive. It is also submitted by the respondent that based on the materials available, the respondent has completed the investigation and also ready to file the final report and awaiting sanction from the appropriate authority.
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However, the respondents Police are directed to file the charge sheet as expeditiously as possible, preferably, within a period of three months from today. Consequently, the connected miscellaneous petition is also closed.
02.01.2024
Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No ham
To
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Crl.O.P.No.27263 of 2023
A.D.JAGADISH CHANDIRA, J.
ham
Crl.O.P.No.27263 of 2023 and Crl.M.P.No.18921 of 2023
02.01.2024
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2 issues framed by the court
Whether the grounds raised by the petitioner regarding innocence and fake trap are suitable for quashing the First Information Report or are matters for trial.
Whether the investigation is complete and a direction can be issued to file the charge sheet within a specified period.
1 provisions across 1 enactments
Devi
Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Thiruvannamalai
Inspector of Police, Vigilance and Anti-Corruption Department, Thiruvannamalai
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
