Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
T.K. Balaji – Appellant
Versus
State, rep. by The Deputy Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Branch, Chennai – Respondent
| Table of Content |
|---|
| 1. details of conspiracy and petitioner's role in false loan facilitation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's defence of minimal routine role. (Para 6 , 7 , 8) |
| 3. reliance on precedents for discharge in public servant cases. (Para 9 , 10 , 11) |
| 4. prosecution evidence of irregularities and section 17a compliance. (Para 12 , 13 , 14) |
| 5. court upholds prima facie case, denies discharge. (Para 15) |
ORDER :
M. NIRMAL KUMAR, J.
The petitioner/A5 in C.C.No.2 of 2024 facing trial along with five years for the offence under Sections 120(b) r/w. 420, 468, 471 IPC and section 13(2) r/w. 13(1)(a) of Prevention of Corruption Act (PC Act) filed a discharge petition in Crl.M.P.No.6950 of 2024 in C.C.No.2 of 2024. The Trial Court by order dated 03.07.2025 dismissed the same. Against which, the present revision petition filed.
2.The contention of the learned senior counsel for the petitioner is that the petitioner is not a named accused in the FIR. A complaint was lodged on 05.09.2022 by the Regional Manager, State Bank of India, Tambaram Branch and a case registered on 27.12.2022 against one K.Baranidharan, Malaivel Sugumaran, K.V.Balamurugan, Murthy Rosigan, Venkataraman and unknown
Prima facie involvement in loan fraud via false reports justifies denying discharge despite Section 17A approval.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
Prior sanction for prosecution under Section 19 of Prevention of Corruption Act or Section 197 of Cr.P.C. is not required for prosecuting a Manager of a Nationalised Bank for offences committed while....
Point of Law : Service matter – Misconduct - Dismissed from service - The act of petitioner in taking a loan on a false claim, while knowing that he was not going to construct a house of his own from....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
