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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
I. Periyasamy – Appellant
Versus
Deputy Superintendent of Police, Chennai – Respondent
| Table of Content |
|---|
| 1. allegations of corruption in housing allotments. (Para 1 , 2 , 3) |
| 2. previous quashing of proceedings against co-accused. (Para 4 , 9) |
| 3. legal opinion on discretionary allotments. (Para 5 , 8) |
| 4. status of proceedings against co-defendants. (Para 6) |
| 5. legal opinion on allotment validity. (Para 7) |
| 6. no wrongful gain or loss established. (Para 10 , 11 , 12) |
| 7. proceedings against a6 quashed. (Para 13 , 14) |
| 8. final order allowing the petition. (Para 15) |
ORDER :
1. The petitioner who is arrayed as A6 before the Court below in the proceedings pending in C.C. No. 14 of 2019 before the Special Court for Trial of Cases of M.P. and M.L.A. of Tamil Nadu at Chennai has filed this Criminal Original Petition praying for quashing the proceedings pending against him.
2. The case of the prosecution is that a former employee belonging to the Tamil Nadu Housing Board gave a complaint to Directorate of Vigilance and Anti Corruption (DVAC) to the effect that there was large scale illegality in the allotment of housing plots by the Tamil Nadu Housing Board. Based on this complaint, an F.I.R., was registered in Crime No.7 of 2011 for offences under Sections 120B, 409 of IPC and Section 13 (
No wrongful loss or gain established, validating discretionary housing allotment processes when executed transparently under legal guidelines.
(1) Normally, criminal proceedings should not be quashed in exercise of powers under Section 482 Cr.P.C. when after a thorough investigation charge-sheet has been filed – At the stage of discharge an....
The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.
Insufficient evidence to establish involvement in conspiracy leads to quashing of proceedings under Section 482 of the Code of Criminal Procedure.
The proceedings against the petitioners were quashed as no criminal wrongdoing was established, indicating the dispute was civil in nature under cooperative society regulations.
At the charge framing stage, the court evaluates only prima facie evidence, not the merits of a defense; if sufficient grounds exist, charges proceed.
Bona fide purchasers without knowledge of prior allotments cannot be held liable for criminal offenses related to property disputes.
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