2023 Supreme(Online)(Mad) 94654
MADRAS HIGH COURT
R.S.RAJAN – Appellant
Versus
INSPECTOR OF POLICE – Respondent
CRL RC 1191 2023
Crl.R.C.No.1191 of 2023
& Crl.O.P.No.15049 of 2023
and Crl.M.P.No.9391 of 202316
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on
:21.07.2023
Pronounced on
:17.08.2023
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.R.C.No.1191 of 2023
& Crl.O.P.No.15049 of 2023
and Crl.M.P.No.9391 of 2023
Crl.R.C.No.1191 of 2023:
R.S.Rajan
Formerly District Registrar
Chengalpattu,
Residing at No.9, 10th Street,
H Block, Anna Nagar,
Chennai 600 040.
.. Petitioner/Accused 1
/versus/
State rep.by
The Inspector of Police,
Vigilance and Anti Corruption
City Special Unit-III,
Chennai-16.
.. Respondent/Respondent
_____________
Page No.1/17
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1191 of 2023
& Crl.O.P.No.15049 of 2023
and Crl.M.P.No.9391 of 202316
Prayer:
Criminal Revision Case has been filed under Section 397 r/w 401 of
Cr.P.C., against the judgment dated 28.09.2022 made in Crl.M.P.No.437 of 2021
in C.C.No.1 of 2021 on the file of the Special Court for the Cases under Prevention
of Corruption Act at Chennai.
For Petitioner
:Mr.V.Vijaya Shankar
For Respondent
:Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side)
------
Crl.O.P.No.15049 of 2023:
Sudha Mallya
.. Petitioner/Accused 1
/versus/
State rep.by
The Additional Superintendent of Police,
Vigilance and Anti Corruption
City Special Unit-III,
Chennai-16.
.. Respondent/Respondent
Prayer:
Criminal Original Petition has been filed under Section482 of Cr.P.C.,
to call for the records in C.C.No.1 of 2021 pending on the file of the Special Court
for the Cases under Prevention of Corruption Act at Chennai and quash the same
in so far as petitioner's concerned.
For Petitioner
:Mr.R.John Sathyam, Senior Counsel for
_____________
Page No.2/17
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1191 of 2023
& Crl.O.P.No.15049 of 2023
and Crl.M.P.No.9391 of 202316
Mr.R.Sagadevan
For Respondent
:Mr.S.Udaya Kumar
Govt.Advocate (Crl.Side)
------
COMMON ORDER
Crl.R.C.No:1191 of 2023 and Crl.O.P.No:15049 of 2023 are petitions to
discharge and to quash respectively, preferred by R.S.Rajan (A-1) and Sudha
Mallya (A-2) who are the accused in C.C.No:01 of 2021, which is pending on the
file of the Special Court for the Cases under Prevention of Corruption Act,
Chennai.
2.
On the petition by one A.G.Gopal before the Hon’ble High Court,
Madras in Crl.O.P.No.18563 of 2016, criminal case was registered and after
completion of investigation done by the Additional Superintendent of Police,
Vigilance and Anti-Corruption, Final Report has been filed and taken cognizance
by the Court.
_____________
Page No.3/17
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1191 of 2023
& Crl.O.P.No.15049 of 2023
and Crl.M.P.No.9391 of 202316
3.
The gist of the Final Report reads as below:-
The accused A-1 being a Public Servant by virtue of her official capacity as
Deputy Inspector General of Registration, Chennai Zone, during the period 2014
and being the appellate authority to fix the guideline value for the lands located in
Chennai North, Chennai South, Chennai Central, Kancheeuram and Chengalpattu
Registration Districts, instead of fixing the guideline value as Rs.1000/- for the
layouts of VIP City and Vanthanam Nagar of Uthiramerur Village, has fixed the
guideline value as Rs.500/- for VIP City layout and Rs.400/- for Vanthanam Nagar
Layout and caused loss of Rs.1,33,05,593/- with respect of VIP City and
Rs.92,82,465/- with respect of Vanthanam Nagar, totally caused loss of
Rs.2,25,88,058/- to the Government exchequer by failing to follow the procedures
laid down by the Inspector General of Registration, Chennai. By which the accused
has caused revenue loss to the Government in exercise of her official act by holding
office, abusing her official position and by corrupt or illegal means without
following the procedures laid down by the Inspector General of Registration,
Chennai, obtained pecuniary advantage from the buyers without any public
int