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The petitioners in Crl.R.C.Nos.197 to 201 of 2014 are the accused 1, 2, 6, 9 and 11 in C.C.No.10 of 2009 on the file of the learned XIII Additional Special Judge for C.B.I. cases, Chennai. They have come up with these petitions challenging the orders passed by the trial Court dismissing their petition filed under Section 227 Cr.P.C. for discharge.

2. The facts of the case in brief would be as follows:

2.1. The Government of Tamil Nadu issued G.O.Ms.No.1080, Home (Police-III) Department dated 08.09.2004, directing the Tamil Nadu Uniformed Services Recruitment Board (in short, "The TNUSRB) to recruit 1997 Grade-II Police Constables. In pursuance of the same, the TNUSRB issued a notification calling for applications from eligible candidates. The applicants were subsequently subjected to physical measurements test, endurance test and physical efficiency test. These tests were conducted between 21.02.2005 and 07.03.2005. The candidates who passed these tests were called for written test which was scheduled to be held on 27.03.2005. Accordingly the examination was held on 27.03.2005, in which, several thousands of candidates participated. But since, it was suspected that the question paper relating to General Knowledge for the said examination had been stealthily leaked out to some candidates before the examination, the Government in its letter No.SC/2062/2005, dated 26.04.2005 cancelled the said examination and ordered for re-test in the General Knowledge paper alone. Accordingly, re-test was conducted on 01.06.2005. Again, it came to light that this time also, the question paper relating to General Knowledge paper was stealthily leaked out to some candidates before the examination. Since, it came to light there was truth in the allegations, the said examination held on 01.06.2005, was also cancelled.

2.2. In view of the above two instances, the Government ordered an enquiry into the leakage of question paper pertaining to the examination held on 27.03.2005 as well as on 01.06.2005. One Mr.P.Thamaraikannan, I.P.S. the then Deputy Commissioner of Police, St.Thomas Mount was appointed as Enquiry Officer and was ordered to hold enquiry. He held enquiry and submitted a report to the Director General of Police on 25.07.2005.

2.3. According to the report, the leakage of question paper for both the examinations was found to be true. The report further reveled that the leakage of question paper for the examination held on 27.03.2005, was through two clearly identified sources. The first source of leakage was, two police constables viz., PC 1025 Durai Munusamy of TNUSRB (A1) and PC 571 Chinna Thambi of Dharmapuri Armed Reserve (A2), who was also serving in the TNUSRB. The report further alleged that on 23/24.03.2005, around 2.00 a.m. they scaled over the wall of TNUSRB office from the rear side entry into the chamber of the Director General of Police / Chairman, TNUSRB and had stolen away the question papers pertaining to the General Knowledge examination and Psychology. The questions papers were thereafter leaked out by Durai Munusamy and Chinna Thambi to 21 candidates and 22 police Constables.

4. I respectfully submit that on going through the entire records with the help of Shri.R.Ravi, Inspector of Police, it is stated that other than the incriminating material are mentioned in the counters as well as the chart filed by the respondent, there are no other incriminating materials against the revision petitioners.

11. A detailed chart has also been filed by the Deputy Superintendent of Police, wherein, he has culled out the materials upon which the prosecution relies on.

12. So far as the petitioner Mr.J.Duraimunusamy, the petitioner in Crl.R.C.No.197 of 2014 is concerned, the allegation is that during the year 2005, he was working with the TNUSRB, Chennai on deputation. It is alleged that he entered into a criminal conspiracy with A2 Mr.Chinnathambi to cheat TNUSRB in the matter of fraudulently obtaining the question paper for the PC exam in advance and in furtherance of the criminal conspiracy, fraudulently obtained the question paper in advance for the PC exam held on 27.03.2005 and gave the same to his relative Ms.Meena (A8), who was appearing from the Madurai Centre. Further, he had also distributed the PC exam question paper in advance to his friend Mr.A.Gopalakrishnan (14) at Madurai whose fiancee Ms.G.Thirumuthu Vallideivanai (A12) was appearing for the exam from Madurai in addition, the accused J.Duraimunusamy (A1) also parted with a copy of the question paper to his friend Mr.Anbu @ S.Anbalagan (A3) at Chennai.

16. The petitioner in Crl.R.C.No.198 of 2014, Mr.S.Chinnathambi is the second accused in Crime No.10 of 2009. He was working with the Armed Reserve, Dharmapuri and was on deputation with TNUSRB, Chennai during 2005. The allegation against him is that he entered into a criminal conspiracy with A-1 Duraimunusamy to cheat TNUSRB in the matter of fraudulently obtaining the question paper for the PC exam in advance and in furtherance of the criminal conspiracy fraudulently obtained the question paper in advance for the PC exam held on 27.03.2005 and gave the same to his relative Ms.Elamathi (A9), who was appearing from the Madurai Centre.