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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
Ma. Subramanian – Appellant
Versus
The State, represented by The Deputy Superintendent of Police – Respondent
ORDER :
(P. VELMURUGAN, J.)
This petition has been filed seeking to quash the proceedings in C.C.No.39 of 2020 in Crime No.478 of 2019, pending before the Additional Special Court for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamilnadu.
2 Based on the complaint given by the third respondent/defacto complainant, a case in Cr.No.478 of 2019 has been registered against the petitioners herein for the offence under Sections 420 , 464, 465, 466, 468 r/w 120-B of IPC and subsequently the complaint was transferred to CB CID for completion of investigation and the same was registered in Cr.No.1 of 2019. It is the case of the prosecution that the first petitioner was serving as Ward Councilor from 1996-2011, as ward and zonal councilor from 2001 to 2006 and from 2006 to 2011 as Mayor of Chennai Corporation. In the year 1995 first petitioner purchased Labour Tenement No.4 in the name of his wife/A2, the second petitioner herein from the original allottee one S.K.Kannan, which was allotted by TANSIDCO, for a valuable sale consideration of Rs.2.30 lakhs knowing fully well that the property belongs to TANSIDCO. In the year 1997, when the Government issue
The court affirmed that the absence of a preliminary inquiry does not invalidate an FIR in corruption cases, emphasizing that sufficient prima facie evidence warranted the continuance of prosecution.
Preliminary enquiry is not mandatory before FIR registration under the Prevention of Corruption Act; a prima facie case allows for investigation without prior inquiry.
The court established that allegations of cheating under Section 415 of IPC can be sufficient to warrant an investigation, and that the powers under Section 482 of Cr.P.C. should be exercised with ca....
Point of Law : since the preliminary inquiry which has been directed to be conducted as stated by learned Standing Counsel appearing on behalf of the State will be completed expeditiously in the near....
Point of law: Prevention of corruption - where the public servant had abused the office, which he held in the check-up period, but had ceased to hold "that office" or was holding a different office, ....
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