IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J.
Anti Corruption Movement Rep. by its General Secretary - Petitioner
Vs.
The State Rep. by The Assistant Commissioner of Police - Respondent
Crl.O.P.Nos.4368, 4579, 4590 & 4600 of 2025 and Crl.M.P.No.2774, 2910, 2914 & 2919 of 2025
Decided On : 28-03-2025
(A) Criminal Procedure Code, 1973 - Sections 218, 219, 220, 223, 273, and 173(8) - Challenge to trial court's order clubbing supplementary charge sheets in a corruption case - The petitioner, an Association, argued against the clubbing, asserting distinct offences requiring separate trials. The court emphasized that the offences arise from the same transaction, justifying the clubbing of cases. (Paras 8, 9, 10, 12, 18)
(B) Locus Standi - The Supreme Court recognized the petitioner's right to challenge the order based on public interest, as corruption affects public service quality. (Para 6)
Facts of the case:
The petitioner Association sought to contest the trial court's decision to club supplementary charge sheets arising from a corruption case involving multiple accused in recruitment scams within the Tamil Nadu State Transport Corporation. (Para 2)
Findings of Court:
The trial court's clubbing of cases was upheld, as the offences were part of the same transaction, and separate trials would lead to judicial inefficiency. (Para 18)
Issues: The main issues included whether the trial court had jurisdiction to club cases and the implications of separate trials for distinct offences. (Para 8)
Ratio Decidendi: The court ruled that offences arising from the same transaction can be tried together, and separate trials are not mandated unless distinct offences are proven. (Paras 10, 12)
Result: All Criminal Original Petitions stand dismissed.
ORDER :
G.K.ILANTHIRAIYAN, J.
These petitions have been filed challenging the docket orders dated 18.09.2024 & 01.10.2024 passed by the learned Additional Special Court No.1 for trial of cases related to MP&MLA Chennai, in Crl.M.P.Nos.22311, 24674, 24689 & 23733 of 2023 respectively in Crime No.441 of 2015, thereby clubbed the supplementary final report with main case in C.C.No.24 of 2021.
2. The petitioner is one and same in all the petitions. The petitioner is an Association registered under the Tamil Nadu Societies Registration Act. It is started with common intention to fight against corruption. The members of the petitioner Association came to know about the quashing of the criminal case in C.C.No.25 of 2021 pending on the file of the Special Court dealing with cases of MPs/MLAs, Chennai, relating to cash-for-scam in making appointments to various posts in the Tamil Nadu State Transport Corporation during 2014-2015 as against V.Senthil Balaji, sitting Minister of Electricity, Prohibition and Excise in the government of Tamil Nadu, who is arrayed as first accused, by this Court by an order dated 30.07.2021 in Crl.O.P.No.13374 of 2021.
3. The allegations as against the accused is that the public servants working in Metropolitan Transport Corporation collected money from the job aspirants to the tune of several crores along with the candidates interview cards on the promise of securing job for them at instance of the Personal Assistant of the first accused. The money was collected and handed over to the first accused through middle men and on receipt of the same, the first accused assured them the job. Thereafter, as the jobs were not given as promised, the victims knocked the door of the accused as such, he issued cheques for returning the money which bounced back. Therefore, so many complaints were lodged by the public servants and middle men who collected money and handed over to the first accused. After the direction issued by this Court, FIR has been registered and culminated into trial in C.C.No.19 of 2020 arising out of Crime No.298 of 2017; C.C.No.22 of 2021 arising out of Crime No.441 of 2015 and C.C.No.25 of 2021 arising out of Crime No.344 of 2018 on the file of the Special Court designated for MPs/MLAs cases.
4. The FIR in Crime No.441 of 2015 has been registered in respect of the post of Assistant Engineers, Junior Engineers, Conductors, Drivers and Junior Tradesmen. After completion of investigation, the respondent filed final report and the same has been taken cognizance originally in C.C.No.3726 of 2017 and now renumbered as C.C.No.22 of 2021. On the basis of the additional supplementary report, the trial Court had taken cognizance in C.C.No.24 of 2021 separately. Thereafter, all the cases were under challenge before this Court by the accused persons, after the present ruling party came to power in the month of May, 2021. Therefore, the prosecution was silent and allowed this Court to quash the entire proceedings in C.C.No.25 of 2021 by an order dated 30.07.2021 in Crl.O.P.No.13374 of 2021. The accused persons also filed petitions before this Court in Crl.O.P.No.15122 of 2021 to quash the proceedings in C.C.No.24 of 2021 and Crl.O.P.No.13914 of 2021 to quash the proceedings in C.C.No.19 of 2020, in which the petitioner filed petition to implead themselves to oppose the quashment of the entire proceeding.
5. In the meanwhile, the order dated 30.07.2021 passed by this Court in Crl.O.P.No.13374 of 2021 was challenged before the Hon'ble Supreme Court of India in Crl.A.No.1514 of 2022 in which, the petitioner filed petition to implead themselves in the said appeal. The petitioner also filed appeals before the Hon'ble Supreme Court of India in Crl.A.Nos.1515 & 1516 of 2022, challenging the order dated 30.07.2021 in Crl.O.P.No.13374 of 2021. The Hon'ble Supreme Court of India by an order dated 08.09.2022 allowed the appeals and also ordered for further investigation, since the prosecution failed to include the offences un
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