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The common order, dated 05.06.2015 and made in the Criminal Miscellaneous Petitions in Crl.M.P.Nos.235 and 251 of 2014 in the Special Case No.4 of 2013, on the file of the learned Special Judge (Chief Judicial Magistrate), Thiruvannamalai is under challenge in these memorandum of criminal revisions.

2. Heard Mr.Rajarathinam learned State Public Prosecutor appearing for petitioner/complainant and Mr. N.R.Elango, learned senior counsel assisted by Mr.R.Vivekananthan learned counsel who is on record for the respondents/accused.

4. The accused 2 and 1 in the Special Case No.4 of 2013, on the file of the learned Special Judge (Chief Judicial Magistrate), Thiruvannamalai had filed two Criminal Miscellaneous Petitions in Crl.M.P.Nos.235 and 251 of 2014 respectively under Sections 239 of the Code of Criminal Procedure to discharge them from the clutches of the charges levelled against them under Sections 109 IPC r/w. Sections 13(2) and 13(1)(e) and under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988.

8. As afore stated the petitions in Crl.M.P.Nos.251 and 235 of 2014 were contested by the complainant by filing their counter statements.

9. After hearing both sides the learned Special Judge (Chief Judicial Magistrate), Thiruvannamalai had proceeded to allow both the petitions and thereby discharged both the accused from the Special Case No.4 of 2013 on the following grounds:

a) No prima facie case is made out against the accused 1 and 2 to frame charges against them;
b) The agricultural income of the accused to the extent of Rs.69,09,300/- which has been shown in document No.65 is accepted ;

Mr. N.R.Elango has also added that there was no iota of evidence to show that the accused 1 and 2 had purchased a single cent of land in their name during the check period. He has further contended that the accused 1 and 2 are independent persons and they are the income tax assesses individually.

43. While advancing his arguments, Mr. N.R.Elango, learned senior counsel has taken this Court through the Statements of Mr. C.H.Rajeshwara Reddy, Assistant Commissioner of Income Tax Department, Chennai and Mr. A.Bala , Assistant Director of Agriculture Vengikal, Thiruvannamalai. Mr. C.H.Rajeshwara Reddy, Assistant Commissioner of Income Tax Department, Chennai in his Statement under section 161(3) Crl.P.C has made reference to the letter in RC 53/2012/PUB/HQ, dated 26.03.2012 through which the Director of Vigilance and Anti Corruption had requested him to send the income tax returns of Mr. E.V.Velu former Member of Legislative Assembly of Thiruvannamalai Constituency (PAN AAFPV9207K) as well as his wife Tmt. Jeeva Velu in respect of the assessment years 2005-06 to 2010-11 and 2011-12. Accordingly, he had those particulars through his letter No.Misc /2012-13, dated 08.05.2012.