Justice N Paul Vasanthakumar said "I am of the view that the petitioner is not entitled to maintain this writ petition to find fault with the respondents 3 and 5 (police authorities) in proceeding against the petitioner.."
Kumar prayed for a direction to forbear the investigating authorities including the CBI from proceeding with their inquiry into the allegations, said to have been committed by him, in connection with the case registered by the Economic Offences Wing of the Tamil Nadu Police.
He contended that an inquiry or investigation could be conducted by CBI into any offence alleged to have been committed under the Prevention of Corruption Act, only with the previous approval of the Central Government.
Investigation by the police revealed that while working as Inspector General of Police, West Zone, Coimbatore, Kumar abused his official position during 2009-10 and extorted money to an extent of Rs 2.85 crore from the Directors of M/s Paazee Group of Companies.
Kumar was placed under suspension and was arrested on May two for the offences under IPC Sections 384 (punishment for extortion), 506(i) (punishment for intimidation) and 507 (Criminal intimidation by an anonymous communication) and Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002 and section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.
"The view taken in this order cannot be misconstrued as giving any finding against the petitioner in the pending criminal case. It is up to the petitioner to defend the criminal case pending against him and the respondents cannot rely on any finding given in this order adverse to the petitioner, during trial of the criminal case," the Judge said.
