Crl.O.P.Nos.15691 & 15692 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 02.11.2022

PRONOUNCED ON : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.Nos.15691 & 15692 of 2022 and

Crl.M.P.Nos.8820 & 8829 of 2022

1.S.Narayanan

... Petitioner in Crl.O.P.No.15691 of 2022

2.A.D.Senthureswaran

... Petitioner in Crl.O.P.No.15692 of 2022

Vs.

The State Rep. by

The Deputy Superintedent of Police,

Central Bureau of Investigation, ACB,

Chennai.

Crime No.RC No.43(A)/1996. ...Respondent in both petitions

COMMON PRAYER: Criminal Original Petitions filed under Section 482 of

the Code of Criminal Procedure, to call for the records in C.C.No.9 of 2001

on the file of the Learned XII Additional Special Judge for CBI cases, City

Civil Court, Chennai and quash the same against the petitioners herein.

In both petitions:

For Petitioners

:

Mr.N.Manoharan

For Respondent

:

Mr.K.Srinivasan,

Special Public Prosecutor

for CBI Cases.

*****

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Crl.O.P.Nos.15691 & 15692 of 2022

COMMON ORDER

Criminal Original Petitions filed to quash the proceedings in C.C.No.9

of 2001, pending on the file of the XII Additional Special Court for CBI

cases, City Civil Court, Chennai against the petitioners/A3 & A2.

2.Since both the Criminal Original Petitions are arising out of case in

C.C.No.9 of 2001, this Court disposes both the petitions, by way of common

order. For the sake of convenience and clarity, the petitioners are referred to

as accused, as per their rank, in the charge sheet.

3.A1, the public servant, Former Chairman-cum-Managing Director,

Tamil Nadu Minerals Limited, Chennai, was charged for offence under

Section 13(2) r/w 13(1)(e) of Prevention of Corruption Act, 1988. Since A1

passed away on 19.04.2021, the charge against him stands abated. On the

death of the public servant (A1), the charges against the abettors/A2 & A3,

also to abate. Hence, they have filed the present Criminal Original Petitions.

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Crl.O.P.Nos.15691 & 15692 of 2022

4.Gist of the case is that A1 was appointed as Chairman-cum-

Managing Director, Tamil Nadu Minerals Limited, Chennai on 11.07.1991.

The check period is from 11.07.1991 to 31.01.1996. A1 and his family

members acquired disproportionate assets at the end of the check period i.e.,

on 31.01.1996, which is as follows:-

●

Assets at the beginning of the check period is to the tune of

Rs.29,40,436/-.

●

Assets at the end of the check period is to the tune of Rs.7,64,10,569/-

.

●

Assets acquired during the check period is to the tune of

Rs.7,34,70,133/-.

●

Income received during the check period is to the tune of

Rs.43,64,025/-.

●

Expenditure incurred during the check period is to the tune of

Rs.43,52,131/-.

●

Likely savings during the check period is to the tune of Rs.11,894/-.

●

Disproportionate assets acquired during the check period is to the tune

of Rs.7,34,58,239/-.

5.As regards, the petitioners/A3 and A2 are concerned, A3 was

working as Clerk in the Arignar Anna Sugar Mills, Kurungulam, Thanjavur

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Crl.O.P.Nos.15691 & 15692 of 2022

and he is family friend of A1. A2 is the elder son of and, was working as an

Officer in Indian Bank.

6.During the house search conducted at the residence of A1, several

documents seized including fixed deposits made during the check period at

Indian Overseas Bank, Kilpauk Branch, Chennai; City Union Bank, George

Town Branch, Chennai; Canara Bank, Anna Nagar (East), Chennai; Indian

Bank, Egmore, Kilpauk, Kellys Branch. The fixed deposits were in the

name of A3 and the maturity value was to the tune of Rs.21,61,897/-. The

fixed deposits were made in the name of A3 out of the funds provided by

A1. As regards A2 is concerned, some fixed deposits were made in the

account of A1 and also immovable properties