S.Ganesan Vs the State Rep by — Corruption | Madras HC (2025)

S.Ganesan Vs the State Rep by — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

None. The Criminal Original Petition was dismissed as infructuous following the petitioner's conviction on 20.01.2025; the connected Crl.M.P.No.515 of 2025 was closed and there was no order as to costs.

Issue for consideration

Whether the criminal original petition seeking to call for the entire records and set aside the common order dated 03.12.2024 in Cr.M.P.No.210 in C.C.No.137 of 2011 (whereby the Special Court dismissed Crl.M.P.Nos.210 and 211 of 2024) ought to be allowed. +1 more

Ratio / Principle

This Court holds that the trial Court has convicted and sentenced the accused/petitioner (by judgment and order dated 20.01.2025).

Key takeaways

No useful purpose will be served in proceeding this case any more, the petitioner having been convicted by judgment and order dated 20.01.2025.ratio¶54
Accordingly, the Criminal Original Petition is dismissed.ratio¶57
The connected criminal miscellaneous petition (Crl.M.P.No.515 of 2025) is closed, with no order as to costs.ratio¶58

Detailed headnote1 paragraphs

Madras High Court (Shamim Ahmed, J.), by order dated 21.01.2025 in Crl.O.P.No.1014 of 2025, dismissed the criminal original petition filed by S. Ganesan, a Conservancy Inspector of Chennai Corporation placed under suspension, who faced trial in C.C.No.137 of 2011 before the Special Court for Prevention of Corruption Act Cases, Chennai for offences under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 arising out of an alleged bribe trap. The petition had sought to call for the records and set aside the Special Court's common order dated 03.12.2024 in Cr.M.P.No.210 in C.C.No.137 of 2011, dismissing Crl.M.P.Nos.210 and 211 of 2024 (which raised the plea of a false complaint motivated by previous enmity). During the pendency of the petition, the trial Court concluded the trial and convicted and sentenced the petitioner on 20.01.2025 — four years rigorous imprisonment and Rs.50,000 fine (default three months simple imprisonment) under Section 7, and five years rigorous imprisonment and Rs.50,000 fine (default six months simple imprisonment) under Section 13(2) r/w 13(1)(d), the sentences to run concurrently, with set-off under Section 428 Cr.P.C.; total fine Rs.1,00,000/-. Both sides conceded that no useful purpose would be served in continuing the proceedings. Holding that the conviction had rendered the petition academic, the Court dismissed the Criminal Original Petition, closed the connected Crl.M.P.No.515 of 2025, and made no order as to costs.

Crl.O.P.No.1014 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2025 CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED

CRL OP NO. 1014 of 2025

AND

CRL MP NO. 515 OF 2025

S.Ganesan S/o.Mr.Subramani, Conservancy Inspector, Placed Under Suspension, Division-28, Unit-5, Zone-ii, Chennai Corporation Residing At No.96, 1st Street, Thiruvalluvar Nagar, Kodungaiyur, Chennai-118.

Petitioner(s) Vs

The State Rep By The Inspector Of Police, Dvac, Chennai.

Respondent(s)

CRL MP NO. 515 of 2025

S.Ganesan S/o.Mr.Subramani, Conservancy Inspector, Placed Under Suspension, Division-28, Unit-5, Zone-ii, Chennai Corporation Residing At No.96, 1st Street, Thiruvalluvar Nagar, Kodungaiyur, Chennai-118.

Appellant(s) Vs

The State Rep By S/o.Mr.Subramani,

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Crl.O.P.No.1014 of 2025

Conservancy Inspector, Placed Under Suspension, Division-28, Unit-5, Zone-ii, Chennai Corporation Residing At No.96, 1st Street, Thiruvalluvar Nagar, Kodungaiyur, Chennai-118.

Respondent(s)

CRL OP NO. 1014 of 2025

For Petitioner(s):

S.Xavier Felix F.Camilus Selva F.Jescintha Sheela M.Mubeen Shiek M.Muzzammil

For Respondent(s):

Public Prosecutor (v & Ac)

CRL MP NO. 515 of 2025

For Appellant(s):

S.Xavier Felix F.Camilus Selva F.Jescintha Sheela M.Mubeen Shiek M.Muzzammil Public Prosecutor (v And Ac)

For Respondent(s):

ORDER

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Crl.O.P.No.1014 of 2025

This criminal original petition is filed to call for the entire records pertaining dismissal of the common order in Cr.M.P.No.210 in C.C.No.137 of 2011, dated 03.12.2024 on the file of the Special Court for Prevention of Corruption Act, cases and set aside the same.

Facts of the case in nutshell as per the petition:-

The learned counsel for the petitioner submits that petitioner is facing trial in C.C.No.137 of 2011 on the file of the Special Court for Prevention of Corruption Act, Cases, Chennai for the charges under Section 7, 13(2) r/w 13(1)(d) and Prevention of Corruption Act, 1988 and presently the trial is in defence side evidence. It is alleged that the petitioner had demanded bribe from the de facto complainant and this had prompted the de facto complainant to lodge a complaint before the respondent. The petitioner was trapped and is currently facing criminal proceedings. The complainant due to previous enmity had lodged false complaint against the petitioner and the same was already intimated in writing to the Assistant Commissioner of Vigilance and Anti Corruption along with supporting

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Crl.O.P.No.1014 of 2025

documents. Though, many petitions were filed raising these grounds, Crl.M.P.Nos.210 and 211 of 2024 was dismissed by the Special Court vide order dated 03.12.2024. Aggrieved by the same, the petitioner filed this criminal original petition.

Mr.Shiek M.Muzzammil, learned counsel for the petitioner submits that the trial Court has already concluded the trial and convicted the petitioner vide order dated 20.01.2025. The appropriate observation of the judgement is reproduced here as under:

“42......

In result, accused is found guilty of commission of offence u/s7 and 13 (2) r/w 13(1)(d) of Prevention of Corruption Act 1988. The accused is sentenced to undergo four years rigorous imprisonment and shall pay a fine of Rs.50,000/- in default to undergo three months simple imprisonment under Section 7 of the Prevention of Corruption Act, 1988. The accused is sentenced to undergo five years rigorous imprisonment and shall pay a fine of Rs.50,000/- in default to undergo 6 months simple imprisonment under Section 13 (2) r/w 13(1)(d) of the P.C.Act 1988, the sentence of imprisonment imposed for each offence shall run concurrently. The period of sentence already undergone by the accused if any is ordered to be set off under Section 428 Cr.P.C. Total fine amount of Rs.1,00,000/-” .

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Crl.O.P.No.1014 of 2025

The learned counsel for the petitioner further submitted that there is no useful purpose to proceed the present case any further for the relief as sought for and also submitted that the present petition may be dismissed.

Mr.A.Gopinath, learned Government Advocate (Crl.Side),

ascertained to this Court that the trial Court has already passed the above said order on 20.01.2025 and convicted and sentenced the petitioner. Thus no useful purpose will be served in continuing the proceeding furthers in this case any more and hence, prayed for dismissal of this present petition.

Heard both sides and perused the materials available on record.

After considering the arguments made by both the parties, it is

clear that the trial Court has convicted and sentenced the accused/petitioner

SHAMIM AHMED,J

vca

vide judgement and order dated 20.01.2025. Therefore, no useful purpose will be served in proceeding this case any more. Accordingly, this Criminal Page 5 of 6

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Crl.O.P.No.1014 of 2025

Original Petition is dismissed. Connected criminal miscellaneous petition is

closed. No order as to costs.

21.01.2025

vca

Internet : Yes/No Citation : Yes/No

CRL OP NO. 1014 of 2025

To

The State Rep By The Inspector Of Police, Dvac, Chennai.

CRL OP NO. 1014 of 2025

AND CRL MP NO. 515 OF 2025

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