A.K.SIKRI, R.K.AGRAWAL
State through CBI, Chennai – Appellant
Versus
V. Arul Kumar – Respondent
JUDGMENT :
Hon'ble SIKRI, J.—Leave granted.
2. The brief facts leading to the filing of the present appeal by the State, challenging the correctness and legality of order dated 05.03.2013 passed by High Court of Madras, are as follows:
A case was registered on 31.01.2004 against the respondent herein who was then Regional Chief of Housing Urban Development Corporation Ltd., Chennai, along with other co-accused. FIR was submitted to the Principal Special Judge, CBI on the allegation that the respondent herein has dishonestly sanctioned 64 loans which were processed by A-2 to various individuals who sought loans for purchase of plots developed by A-3 (firm) knowing fully well that A-3 was not a reputed promoter under the HUDCO Niwas Scheme. It was further alleged that pursuant to a criminal conspiracy, the respondent sanctioned loans for inflated amounts causing wrongful loss of Rs.21,07,546.50 to HUDCO. After completion of inquiry, a charge-sheet was filed against the respondent and 15 others on 30.01.2006 under Section 120-B read with Sections 420, 467, 468, 471 of the Indian Penal Code (for short the 'IPC') and Section 13(2) read with Section 13(1) of the Prevention of Corruption Act
Bangaru Laxman vs. State (through CBI) and Another (2012) 1 SCC 500 [Para 4]
P.C. Mishra vs. State (CBI) and Another (2014) 14 SCC 629 [Para 7]
State of H.P. vs. Surinder Mohan and Others (2000) 2 SCC 396 [Para 7]
Rajendra Singh vs. State of Rajasthan RLW 2003 (3) Raj. 1865 [Para 11]
A. Devendran vs. State of Tamil Nadu (1997) 11 SCC 720 [Para 12]
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