Crl.O.P.No.13570 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.13570 of 2025 and Crl.MP.No.8989 of 2025 Sivagami ... Petitioner Vs. 1. The State rep by its District Superintendent of Police, Vigilance & Anti-corruption, Police Station, Nilgiris District - 643204. (Cr.No.7 of 2024) 2.K.Sivakumar, Husur Sarishtadar, Special District Inspection Cell Officer, District Udhagamandalam. ... Respondents Prayer: Petition filed under Section 528 of the Bharathiya Nagarik Suraksha Sanhita, 2023, to quash the first information report in Crime No.7 of 2024 on the file of the respondent police for the alleged offence under Section 7(b) Prevention of Corruption Act, 1988 as amended by the Prevention of Corruption (Amended) Act, 2018. For Petitioner : M/s.Abdul Rahman For R1 : Mr.S.Udayakumar Government Advocate (Crl.Side) ORDER 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13570 of 2025 The Criminal Original Petition is filed to call for the records in connection with Crime No. 7 of 2024 and to quash the same. 2. On a perusal of the said First Information Report dated 26.10.2024, it can be seen that the same is registered for an alleged offence under Section 7(b) of the Prevention of Corruption Act, 1988. The ground on which the criminal original petition is filed is that even on a perusal of the information, that is reduced in writing and recorded, it can be seen that merely on suspicion, the case is registered, and therefore, when there are no prima facie materials to point out to any offence, even taking the averments on face value, on a mere suspicion, the case could not have been registered and therefore, the FIR is liable to be quashed. 3. The learned counsel for the petitioner would reiterate the above submission and would also submit that even subsequently many witnesses including one Balasingam have appeared before the respondent police and have stated that they have not given any bribe whatsoever to the petitioner. Therefore, the FIR is kept as a hanging sword and was also registered without even a prima facie satisfaction as to the grounds to proceed further.Therefore the learned counsel submits that this is a case for interference and a notice 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13570 of 2025 should also be issued to the de facto complainant. 4. Per contra, the learned Government Advocate (Criminal side), pointing out to the various allegations that are made in the FIR, would submit that on a surprise check, bundles of rupee notes were found in plastic boxes with due slips, bearing the names of the contractors. Therefore, on a further check, prima facie came to be known that contracts have in fact been awarded to those persons, whose names were found in the said plastic box, and since the explanation that is given by the petitioner was not satisfactory, finding prima facie material, the case was registered and is being taken up for investigation. Several witnesses have been examined and the investigating officer will take a final call after collecting the entire materials. 5. I have considered the said submissions. 6. It can be seen that on a surprise check of the petitioner's office, the following was found as recorded in the Court record: @mg;nghJ efu kd;w jiytu; vd;W vGjg;gl;oUe;j mtuJ nkirapd; nky; "Radisson BLU" vd;W fUg;g[ kw;Wk; bts;is epwj;jpy; vGjg;gl;oUe;j bts;is epw befpHp 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13570 of 2025 igapd; cs;ns "Balaramapuram Handloom" vd;W M';fpyj;jpy; vGjg;gl;oUe;j befpHp bgl;oapy; 500. 200 kw;Wk; 100 U:gha; nehl;Lf;fshf gzk; mLf;fp itf;fg;gl;oUe;jJ/ mjd; fPnH ,uz;lhf kof;fg;gl;l epiyapy; xU bts;is fhfpjk; ,Ue;jJ/ mjpy; IE}W U:gha; nehl;Lf;fs; 6 fl;Lfshft[k; kw;Wk; IE}W. ,UE}W kw;Wk; E}W U:gha; nehl;Lf;fs; xU fl;lhft[k; ,Ue;jJ/ me;j gzj;ij ehd; vz;zpg;ghu;f;f IE}W U:gha; nehl;Lf;fs; jyh 100 vz;zpf;ifapy; 6 fl;Lfshf U:/3.00.000-? IE}W U:gha; nehl;Lf;fs; 60 vz;zpf;ifapy; U:/30.000-? ,UE}W U:gha; nehl;Lf;fs; 36 vz;zpf;ifapy; U:/7.200-? kw;Wk; E}W U:gha; nehl;Lf;fs; 3 vz;zpf;ifapy; U:/300-? vd Mf bkhj;jk; U:/3.37.500-? ,Ue;jJ/ gpd;du; me;j befpHp bgl;oapy; ,Ue;j bts;is fhfpjj;ij gpupj;Jg; ghu;f;f mjpy; xg;ge;jjhuu;fspd; bgau; kw;Wk; gzk; Fwpj;j tptu';fs; Fwpg;gplg;gl;oUe;jJ/ ehd;. efu kd;w jiytu; jpUkjp/S.rptfhkp mtu;fsplk; me;j gzk; kw;Wk; fhfpj;jpy; ,Ue;j tptu';fs; Fwpj;J tpsf;fk; nfl;f. mtu; me;j gzj;ijg;gw;wpa[k;. fhfpjj;jpy; cs;s tptu';fs; gw;wpa[k; jdf;F bjupahJ vd;w Twpdhu;/ mtu; ve;j tpsf;fKk; Twhjjhy;. fhfpjj;jpy; Fwpg;gplg;gl;oUe;j 11 xg;ge;jjhuu;fSf;F gzp Miz tH';f jPu;khdk; epiwntw;wpajw;fhf bgw;w ifa{l;L gzkhf ,Uf;ff;TLk; vd;w re;njfj;jpd; mog;gilapy; gzk; U:/3.37.500-? kw;Wk; mjDld; koj;J itf;fg;gl;oUe;j Fwpg;g[fs; ml';fpa nkw;go bts;isepw fhfpjk; tprhuizf;fhf bray;Kiw eltof;ifapy; fhty; Jiz fz;fhzpg;ghsu; mtu;fs; 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13570 of 2025 ifg;gw;wpdhu;/@ Thereafter, the First Information Report also says that it has been verified, and it is found that in the names of those persons contracts have already been given. 7. Therefore, I am of the view that, the First Information Report is rightly registered, since there is prima facie material to proceed in the matter. As far as the other contention of the learned counsel for the petitioner that the contractors have given statements, the same is a matter for investigation and Court cannot interdict into the investigation at this stage. Therefore, finding prima facie materials to proceed with the investigation and with further directions to the Investigating Officer to dispassionately consider all the statements and considering the fact that already this Court has also directed completion of the investigation expeditiously in Criminal OP No. 8901 of 2025, this Criminal Original Petition is disposed of. Connected MP is closed. 24.06.2025 Neutral Citation: Yes/No veda D.BHARATHA CHAKRAVARTHY, J. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13570 of 2025 veda To 1.District Superintendent of Police, Vigilance & Anti-corruption, Police Station, Nilgiris District - 643204. 2.The Public Prosecutor, Madras High Court, Chennai - 600 104. Crl.O.P.No.13570 of 2025 24.06.2025 6/6 https://www.mhc.tn.gov.in/judis