ORDER :

Prayer in CRL.O.P.No. 30357 of 2019: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records of the impugned proceedings in C.C.No. 14/2019 pending on the files of the Special Court for Trial of Criminal Cases Related to Elected Members of Parliament and Members of Legislative Assembly, Chennai and quash the same as against the petitioner.

Prayer in CRL.O.P.No. 31323 of 2019: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in C.C.No. 14 of 2019 on the file of the learned Additional Special Court for Trial of Criminal Cases Related to Elected Member of Parliament and Members of Legislative Assembly of Tamil Nadu, Singaravelar Maaligai, Chennai and quash the same in so far the petitioner is concerned.

Prayer in CRL.R.C.No. 147 of 2020: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order passed by the Additional Special Court for Cases Related to Elected Members of Parliament and Member of Legislative Assembly of Tamil Nadu, Chennai-600 001 in Crl.M.P.No. 17829 of 2019 in C.C.No. 14 of 2019.

Prayer in CRL.R.C.No. 527 of 2020: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order dated 20.12.2019 passed by the Additional Special Court for Trial of Cases related to Elected Members of Parliament and Member of Legislative Assembly of Tamil Nadu, Chennai in Crl.M.P.No. 20625 of 2019 in C.C.No. 14 of 2019.

1. CRL.O.P.Nos.30357 & 31323 of 2019 have been filed to quash the proceedings in C.C.No. 14 of 2019, pending on the file of the Additional Special Court for Trial of Criminal Cases Related to Elected Members of Parliament and Members of Legislative Assembly, Chennai/trial Court in so far as the petitioners/A2 & A6 are concerned.

2. CRL.R.C.Nos.147 & 527 of 2020 have been filed by the petitioners/A4 & A5 to set aside the order, dated 20.12.2019, made in Crl.M.P.Nos.17829 & 20625 of 2019 in C.C.No. 14 of 2019 by the learned Assistant Sessions Judge, Additional Special Court for Cases Related to Elected Members of Parliament and Member of Legislative Assembly of Tamil Nadu, Chennai/trial Court.

3. Since all the petitions are arising out of C.C.No. 14 of 2019, this Court disposes all the petitions by way of common order. Since the petitioners herein are 2nd, 4th, 5th & 6th accused in C.C.No. 14 of 2019, for the sake of convenience and clarity, they are referred to, as per their rank, in the charge sheet.

4. Gist of the case in C.C.No. 14 of 2019 is as follows:

(i) The respondent Police registered a case in Crime No. 7/AC/2011 against seven accused, for offence under Sections 120(B) & 409 IPC and Sections 13(2) r/w 13(1)(c) & (d) of the Prevention of Corruption Act, 1988 and 109 IPC. A1-M.S.Jaffar Sait, I.P.S., was the Inspector General of Police, Intelligence at Chennai during the period from 18.05.2007 to 31.12.2010. A2- Tmt.Parvin, wife of A1, is a private individual. A3-K.Murugaiya, the then Executive Engineer, Besant Nagar Division, Tamil Nadu Housing Board, Chennai, is a public servant. A4-K.Rajamanickam, I.A.S., (Retired) was the Secretary to then Chief Minister of Tamil Nadu, Chennai, he is a public servant. A5-R.Durgashankar, son of A4, is private individual. A6- I.Periyasamy was the former Minister for Housing between 2007 and 2011. A7-T.Udhayakumar, Land Mark Construction, Chennai is a private individual. As per G.O.Ms.No. 1574/H & UD Department, dated 24.12.1991, 15% of the Tamil Nadu Housing Board (TNHB) house sites/houses/flats are marked for the allotment of the Government under the discretionary quota which is called as GDQ, i.e., Government Discretionary Quota. As per G.O.Ms.No. 88/H & UD Department, dated 20.05.2003, the special workers and responsible persons in the society who have done excellent job in the field of arts/science/literature/economic/public administration/sports et