S.Ganesan Vs State Rep by, Inspector of Police — Corruption | Madras HC (2025)

S.Ganesan Vs State Rep by, Inspector of Police — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

None; the Criminal Original Petition was dismissed as moot after the petitioner's conviction, the connected criminal miscellaneous petition (Crl.M.P.No.538 of 2025) was closed, and there was no order as to costs.

Issue for consideration

Whether, in view of the trial Court's conviction and sentencing of the accused/petitioner on 20.01.2025, any useful purpose remained in continuing the criminal original petition that sought to set aside the Special Court's common order dismissing the petitioner's Crl.M.Ps.

Court's answer

Since the trial Court had already convicted and sentenced the accused/petitioner vide judgement and order dated 20.01.2025, no useful purpose would be served in proceeding with the case any more.

Ratio / Principle

Accordingly, this Criminal Original Petition is dismissed and the connected criminal miscellaneous petition is closed.

Detailed headnote1 paragraphs

Madras High Court (Shamim Ahmed, J.), 21-01-2025 — Crl.O.P.No.1032 of 2025 and connected Crl.M.P.No.538 of 2025 (S. Ganesan v. State rep. by Inspector of Police, Directorate of Vigilance and Anti Corruption, Chennai): The petitioner, a Conservancy Inspector of Chennai Corporation placed under suspension, facing trial in C.C.No.137 of 2011 before the Special Court for Prevention of Corruption Act Cases, Chennai on charges under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, had filed this petition to set aside the Special Court's common order dismissing his miscellaneous petitions (identified in the petition as the common order in Cr.M.P.No.283 of 2024 in C.C.No.137 of 2011 dated 03.12.2024; the narrative refers to Crl.M.Ps.No.395 and 397 of 2023 dismissed by common order dated 13.12.2024). His grievance included that the letter of P.W.7 dated 12.01.2010 was not brought on record despite intimation to the Assistant Commissioner, DVAC. Before the petition could be decided, the trial Court concluded the trial and convicted the petitioner on 20.01.2025 — four years rigorous imprisonment and Rs.50,000 fine under Section 7, and five years rigorous imprisonment and Rs.50,000 fine under Section 13(2) r/w 13(1)(d), the sentences running concurrently, total fine Rs.1,00,000, with set-off under Section 428 Cr.P.C. Holding that no useful purpose would be served in proceeding further, the High Court dismissed the Criminal Original Petition and closed the connected miscellaneous petition, with no order as to costs.

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal by common order of the petitioner's criminal miscellaneous petitions, described in the petition as the common order in Cr.M.P.No.283 of 2024 in C.C.No.137 of 2011, dated 03.12.2024 (the narrative at ¶44 refers to Crl.M.Ps.No.395 and 397 of 2023 dismissed by common order dated 13.12.2024); the petition sought to call for records and set aside the same.¶33
Special Court for Prevention of Corruption Act cases · 03.12.2024
Prior proceeding
Petitioner facing trial in C.C.No.137 of 2011 before the Special Court for Prevention of Corruption Act Cases, Chennai on charges under Section 7 and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988; at the time of filing, the trial was in defence-side evidence.¶39
Prior proceeding
Petitioner allegedly demanded bribe from the de facto complainant, prompting the latter to lodge a complaint before the respondent (DVAC); the petitioner was trapped and faced criminal proceedings.¶40
Prior proceeding
Complainant alleged to have lodged a false complaint due to previous enmity; this was intimated in writing to the Assistant Commissioner of Vigilance and Anti Corruption along with supporting documents.¶40
Prior proceeding
Investigating Officer filed the final report; on perusal it was found that the letter of P.W7 dated 12.01.2010 was not brought on record despite intimation to the Assistant Commissioner of Vigilance and Anti Corruption.¶40
Prior proceeding
Special Court dismissed Crl.M.Ps.No.395 and 397 of 2023 by common order dated 13.12.2024; aggrieved, the petitioner filed this criminal original petition.¶44
Prior proceeding
Before disposal of this petition, the trial Court concluded the trial and convicted the petitioner vide order dated 20.01.2025: four years rigorous imprisonment and Rs.50,000 fine under Section 7 PC Act; five years rigorous imprisonment and Rs.50,000 fine under Section 13(2) r/w 13(1)(d) PC Act; sentences concurrent; set-off under Section 428 Cr.P.C.; total fine Rs.1,00,000.¶45