Dismissed¶32

Muthusamy v. State Of Tamilnadu Rep By Inspector Of Police, Ramanathapuram

Madras HC16 Jun 2025CRL RC(MD)/646/2025

Case brief

AI extract

What is this about?

Secretary of Primary Agricultural Co-operative Credit Society; 'public servant' definition; Section 2(c)(ix) Prevention of Corruption Act, 1988; discharge application dismissed; criminal revision dismissed; Section 438 r/w 442 BNSS 2023; Madurai Bench of Madras High Court; Justice R.N. Manjula; Spl.C.C.No.3/2022; Crl.M.P.No.7951/2022; Crime No.3 of 2013; Vigilance and Anti-Corruption, Ramanathapuram; registered co-operative society; expeditious trial direction.

What did the court decide?

Criminal revision dismissed; connected miscellaneous petition Crl.M.P(MD) No.7164 of 2025 closed; Chief Judicial Magistrate directed to dispose of Spl.C.C.No.03 of 2022 as expeditiously as possible. ¶32

Muthusamy Vs State Of Tamilnadu Rep By Inspector Of Police… — Corruption | Madras HC (2025)

What the court decided

AI extract

Outcome

Criminal revision dismissed; connected miscellaneous petition Crl.M.P(MD) No.7164 of 2025 closed; Chief Judicial Magistrate directed to dispose of Spl.C.C.No.03 of 2022 as expeditiously as possible.

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Issue for consideration

Whether the petitioner, the first accused and Secretary of a Primary Agricultural Co-operative Credit Society, falls within the definition of 'Public Servant' under the Prevention of Corruption Act, 1988, so as to be triable under the Act rather than discharged. +1 more

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Court's answer

Under clause (ix) of Section 2(c) of the Prevention of Corruption Act, 1988, 'public servant' includes any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received financial aid from the Central or State Government or related government-owned/aided bodies.

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Ratio / Principle

The petitioner, being the Secretary of a Primary Agricultural Co-operative Credit Society, comes well within the ambit of 'Public Servant' as defined under the Act and is not entitled to press the technical ground that he falls outside the Act.

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Key takeaways

The trial Judge rightly dealt with the issue and rightly dismissed the discharge application; the petitioner has not made out any ground to entertain the revision, the trial Court's order holds good in all aspects and requires no interference.ratio¶27
While dismissing the criminal revision, the learned trial Judge is directed to dispose of Spl.C.C.No.03 of 2022 as expeditiously as possible, and the connected miscellaneous petition is closed.ratio¶32

Detailed headnote1 paragraphs

Criminal Revision under Section 438 r/w 442 of BNSS, 2023 against the order of the Chief Judicial Magistrate, Ramanathapuram dated 05.09.2024 in Crl.M.P.No.7951/2022 in Spl.C.C.No.3/2022, whereby the discharge application of the first accused — Secretary of a Primary Agricultural Co-operative Credit Society (Crime No.3 of 2013, Vigilance and Anti-Corruption, Ramanathapuram) — was dismissed. Held: under clause (ix) of Section 2(c) of the Prevention of Corruption Act, 1988, 'public servant' expressly includes the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking receiving or having received governmental financial aid; the petitioner squarely falls within that definition and cannot resist trial on the technical ground that he is outside the Act. The trial Judge had rightly dismissed the discharge application and no ground existed to entertain the revision. Revision dismissed; trial Court directed to dispose of Spl.C.C.No.03 of 2022 expeditiously; connected miscellaneous petition closed.

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Crl.RC(MD) No.646 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.06.2025

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CORAM:

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THE HON'BLE MS.JUSTICE R.N.MANJULA

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Crl.RC(MD) No.646 of 2025 and Crl.M.P(MD) No.7164 of 2025

Muthusamy

... Petitioner

State of Tamilnadu Rep by The Inspector of Police, Ramanathapuram, Vigilance Anti Anticorruption, Ramnad. In Crime. No. 3 of 2013.

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... Respondent

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Prayer: This Criminal Revision Case filed under Section 438 r/w 442 of BNSS, 2023 to call for the records from the Chief Judicial Magistrate, Ramanathapuram in impugned order Crl.M.P.No.7951/2022 in Spl.C.C.No.3/2022 dated 05.09.2024 passed by the Chief Judicial Magistrate, Ramanathapruam and set aside the same as illegal and unsustainable under law.

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For Petitioner : Mr.B.Saravanan

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For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

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1/5

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https://www.mhc.tn.gov.in/judis

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Crl.RC(MD) No.646 of 2025

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ORDER

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This Criminal Revision has been filed challenging the order of the learned Chief Judicial Magistrate, Ramanathapruam, dated 05.09.2024, made in Crl.M.P.No.7951/2022 in Spl.C.C.No.3/2022.

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2. The petitioner is the first accused, who has filed a miscellaneous petition before the Chief Judicial Magistrate Court in Crl.M.P.No.7951 of 2022 on the allegation that the petitioner being the Secretary of Primary Agricultural Co-operative Credit Society, he will not fall under the purview of Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and he will not fall under the definition of 'Public Servant' under the Prevention of Corruption Act and hence, he ought to be discharged from the offence.

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3. Even according to the definition of 'Public Servant' as seen under 2(c)(ix) of the Act, it includes the President, Secretary or other office bearers of registered Co-operative Society engaged in agriculture, industry, trade, banking, etc., For the sake of convenience, the above provision is produced for perusal.

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2/5

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https://www.mhc.tn.gov.in/judis

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“2(c) “public servant” means—

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Crl.RC(MD) No.646 of 2025

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(ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);”

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4. As the petitioner comes well within the ambit of 'Public Servant' as defined under the Act, the petitioner is not entitled to stick on to the above technical ground. The trial Judge has also rightly dealt with the above issue and has rightly chosen to dismiss the discharge application. The petitioner has not made out any ground to entertain this revision. The order of the learned trial Judge holds good in all aspects and the matter does not require any interference.

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3/5

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https://www.mhc.tn.gov.in/judis

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Crl.RC(MD) No.646 of 2025

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5.In view of the aforesaid facts, this criminal revision stands

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dismissed . However, in the interest of justice, the learned trial Judge is directed to dispose of Spl.C.C.No.03 of 2022 as expeditiously as possible. Consequently, connected miscellaneous petition is closed.

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16.06.2025

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NCC :Yes/No Index :Yes/No Internet:Yes/No PNM

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To 1.The Chief Judicial Magistrate, Ramanathapuram.

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2.The Inspector of Police, Ramanathapuram, Vigilance Anti Anticorruption, Ramnad. In Crime. No. 3 of 2013.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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4/5