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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

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