COMMON ORDER

These Criminal Original Petitions are filed by the then Commissioner of Municipal Corporation and the then Government Pleader, who were arrayed as A1 and A1, to quash the Calender Case.No.5 of 2015 pending on the file of the learned Judicial Magistrate No.I, Attur, Salem.

2. Mr.Aravindan, a practising Advocate and also a member of the Sola Velalar Shanmugam Trust, Salem, has filed a private complaint alleging that the property of the Sola Velalar Trust has been acquired by corrupt procedure enabling a wrong person to enrich and thereby, these petitioners have committed fraud and misappropriation of Rs.77,18,281/-. A specific allegation made in the complaint against these petitioners is extracted herein below: “11. he complainant submit that Accused 1 M.Asokan, Salem Corporation Commissioner public servant disobeying law with intent to cause injury to Sola Velalars in Salem city including me and Accused 1 is a public servant framing an incorrect document in corrupt motive to favour Accused 3 with intend to cause injury to Sola Velalars in Salem city including me and Accused 1 public servant cheated and thereby dishonestly induces the person to deceive to destroy the Trust property and Accused 1 public servant who had registered a false document 1929 of 2013 in District Registrar office of Salem with intent to cause damage, injury to the Sola Velalars of Salem city including me with intent to commit fraud and that fraud had committed forgery, Accused 1 public servant Forgery of public record in favour of Accused 3, Accused 1 public servant had committed Criminal Misconduct and Accused 1 public servant had dishonestly, fraudulently, misappropriated Rs.77,18,218/- and the Municipal Corporation Commissioner M.Asokan public servant are liable to be tried to the fullest extent with the other Accused in the instant complaint in terms of Section 34 of Indian Penal Code, 1860. Further, when a person knowingly, intentionally deliberately involves in the above listed fraud and forgery, he renders himself liable for punishment under Sections 166, 167, 420, 463, 466, 467, 471 of IPC and also under Section 13(1)(c), 13(2) or Prevention of Corruption Act and as such Accused No.1 M.Asokan public servant should be punished under Sections 166, 167, 420, 463, 466, 467, 471 of IPC and also under Section 13(1)(c), 13(2) of Prevention of Corruption Act.

12.The complainant submit that Accused 2 R.Gunasekaran Standing counsel member Salem Corporation public servant disobeying law with intent to cause injury to Sola Velalars in Salem city including me and Accused 2 is a public servant framing an incorrect document in corrupt motive to favour Accused 3 with intend to cause injury to Sola Velalars in Salem city including me and Accused 2 public servant cheated and thereby dishonestly induces the person to deceived to destroy the Trust property and Accused 2 public servant who had given opinion to register a false document 1929 of 2013 in District Registrar office of Salem with intent to cause damage, injury to the Sola Velalars of Salem city including me with intent to commit fraud and that fraud had committed forgery, Accused 2 public servant Forgery of public record in favour of Accused 3, Accused 2 public servant had committed Criminal Misconduct and Accused 2 public servant had dishonestly, fraudulently, misappropriated Rs.77,18,218/- and Further, when a person knowingly, intentionally deliberately involves in the above listed fraud and forgery, he renders himself liable for punishment under Sections 166, 167, 420, 463, 466, 467, 471 of IPC and also under Section 13(1)(c), 13(2) or Prevention of Corruption Act and as such Accused No.2 R.Gunasekaran public servant should be punished under Sections 166, 167, 420, 463, 466, 467, 471 of IPC and also under Section 13(1)(c), 13(2) of Prevention of Corruption Act.

3. The background of the complaint is that, the acquisition of land for a public purpose namely widening of the road for formation of