P.D.Dinakaran , J. - (1.) THE petitioners in both the above Crl.O.Ps. who are accused in C.C.No.3 of 1998 on the file of the learned XII Additional Sessions Judge/II Special Judge Chennai, seek to call for the records in the said case and to quash the same for non -compliance of the procedure contemplated under the second proviso to Section 17 of the prevention of Corruption Act 1988 (hereinafter referred to as the P.C. Act).
(2.) THE petitioners are facing trial for the alleged offences punishable under Section 13(2) read with Section 13(1)(e) of the P.C. Act with regard to their alleged criminal misconduct during the check period 18.5.1993 to 9.5.1996, registered in Crime No.4/AC/96 on the file of the respondents herein. It appears that the Superintendent of Police, Southern Range, Vigilance and Anti -Corruption, Madras by his proceedings dated 20.8.1996 passed an order as contemplated under the second proviso to section 17 of the P.C. Act. which reads as follows: Proceedings of the Superintendent of police. Southern Range. Vigilance and Anti Corruption, Madras. present: Thiru S. Thanikodi, I.P.S., No. RC 43/96/MISC/HO dated: 20.8.1996 Sub: Order under second proviso to section 17 of the prevention of corruption Act, 1988. In exercise of the powers conferred under the second proviso to Section 17 of the prevention of Corruption Act. 19X8 (Act 49 of 1988), Thiru S. Thanikodi. I.P.S. Superintendent of Police, Southern Range, Vigilance and Anti Corruption, Madras hereby order investigation in the case in Cr.No.4/AC796 UP under Section 13(2) read with 13(l)(e) of the prevention of Corruption Act 1988 (Act 49 of 1988) against Thiru. K. Ponnusamy, formerly Minister for Education. Sd/ - Superintendent of police, Southern Range, Vigilance and Anti Corruption, Madras. To Thiru. N. Adiyapatham, Dy. Superintendent of police, Vigilance & Anti -Corruption, Trichy Detachment.
(3.) BY a separate proceedings dated 20.8.1996, the Superintendent of police, Southern Range Vigilance and Anti -Corruption. Madras -6, after satisfying himself that it is necessary to inspect any banker's book, authorised the Deputy Superintendent of police, Vigilance and Anti -Corruption, Tiruchirapalli. under Section 18 of the P.C. Act to inspect the banker's books.;