Union of India versus Nathamuni

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOs……..………….OF 2014

(Arising out of Special Leave Petition (Crl.) Nos.2521-2522 of 2014)

Union of India etc.

Rep. through Superintendent of Police …Appellant(s)

versus

Nathamuni … Respondent(s)

The present appeals are directed against the common judgment and order dated 5.7.2013 passed by the Madurai Bench of Madras High Court in Crl.O.P. No.1943 & 6464 of 2010, whereby the High Court set aside the order passed by the Trial court permitting a Sub-Inspector of Police to investigate the matter under the Prevention of Corruption Act. The facts giving rise to the present appeals are that on the basis of a complaint from one S. Muniraj a case being RC 50(A)/2009 was registered by Central Bureau of Investigation, ACB, Chennai against respondent – T.Nathamuni, Inspector of Income Tax on the allegation that the accused had demanded an amount of Rs. 5,000/- from the complainant. A trap was laid and allegedly the accused was caught red handed while accepting the bribe amount. Initially, the case was investigated by Mr. Lawrence, Inspector of Police and owing to some administrative reasons, the Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Chennai filed petition dated 22.9.2007 under Section 17 of the Prevention of Corruption Act, 1988 (in short, ‘the Act’) before the Court of Special Judge CBI cases, Madurai seeking permission for investigation of the case by Shri G.A. Suriya Kumar, Sub-Inspector of Police, instead of Mr. Lawrence, Inspector of Police. The Special Judge for CBI cases, Madurai vide order dated 24.09.2009 allowed the aforesaid petition permitting G.A. Suriya Kumar, Sub-Inspector of Police to investigate the case. After completion of investigation, charge sheet dated01.12.2009 was filed in the Court of Special Sessions Judge for CBI cases, Madurai and the Court took cognizance and assigned it CC No.7/2009.During the course of trial, the respondent moved the High Court preferring criminal original petition under section482 of Criminal Procedure Code (in short, ‘Cr.P.C.’) to quash the entire proceedings in CC No.7/2009 on the ground that there is correction in the FIR and sanction was not accorded by proper authority. Respondent also preferred another petition to call for the records and to quash the order dated24.09.2009 passed by the Special Judge, Madurai in Crl. M.P.No.549 of 2009 permitting Shri GA Suriya Kumar, Sub-Inspector of Police to investigate the case….read more