Crl.R.C.No.476 of 2022 & CRL OP.No.26876 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 14.11.2022

PRONOUNCED ON : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.R.C.No.476 of 2022

and

CRL OP.No.26876 of 2022

and

CRL MP(MD)Nos.16511 and 16513 of 2022

Crl.R.C.No.476 of 2022

T.r.Elangovan

... Petitioner / Accused

Vs.

The Inspector of Police,

Vigilance and Anti-Corruption,

Thanjavur.

... Respondent / Complainant

PRAYER: Criminal Revision is filed under Section 397 r/w 401 of

the Code of Criminal Procedure, to call for records in

S.Pl.C.C.C.No.01 of 2015 and set aside the order passed in

Crl.M.P.471 of 2021, dated 01.03.2022, on the file of the Chief

Judicial Magistrate, at Tiruvarur and direct the respondents to abate

the deceased Rajappa from all the allegations exclude his properties

from charge sheet.

For Petitioner

:

Mr.N.R.Elango

Senior Counsel

For Mr.C.Deepakkumar

For Respondent

:

Mr.S.Udayakumar,

Government Advocate (Crl. Side)

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Crl.R.C.No.476 of 2022 & CRL OP.No.26876 of 2022

CRL OP.No.26876 of 2022

1.T.r.Elangovan

2.G.Poorani

... Petitioners / A1 & A2

Vs.

The Inspector of Police,

Vigilance and Anti-Corruption,

Thanjavur.

... Respondent / Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, to call for records in S.Pl.C.C.C.No.01

of 2015, on the file of the Chief Judicial Magistrate, at Tiruvarur and

quash the same.

For Petitioners

:

Mr.N.R.Elango

Senior Counsel

For Mr.C.Deepakkumar

For Respondent

:

Mr.S.Udayakumar,

Government Advocate (Crl. Side)

*****

COMMON ORDER

The Criminal Revision Case has been filed to call for records

in S.Pl.C.C.No.01 of 2015 and set aside the order passed in

Crl.M.P.471 of 2021, dated 01.03.2022, on the file of the Chief

Judicial Magistrate, at Tiruvarur and direct the respondents to abate

the deceased Rajappa from all the allegations exclude his properties

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Crl.R.C.No.476 of 2022 & CRL OP.No.26876 of 2022

from charge sheet.

2.The Criminal Original Petition has been filed to call for

records in S.Pl.C.C.No.01 of 2015, on the file of the Chief Judicial

Magistrate, at Tiruvarur and quash the same.

3.The case of the prosecution is as follows:-

(i) There are totally three accused in this case. The Petitioner

in Crl.R.C.No.476 of 2022 and the 1^st petitioner in Crl.O.P.No.26876

of 2022 is A1. The 2^nd petitioner in Crl.O.P.No.26876 of 2022 is A2,

who is the wife of A1. A3 is the father of A1, who died on

29.09.2020. They were charged for the offences under Section 13(2)

r/w 13(1)(e) of Prevention of Corruption Act, 1988 r/w Section 109

of IPC.

(ii) A1 / llangovan served as Selection Grade-l Junior Assistant

at office of the Superintending Engineer, TNEB, Electricity

Distribution Circle (Central) Chennai and on deputation, he worked

as Personal Assistant to former Minister Arcot Veerasamy, for more

than 10 years. He resigned from service on 17.03.2011 and he

contested the Assembly Election in Nannilam Assembly

Constituency in the year 2011, as candidate of DMK party and he

was defeated.

(iii) He purchased number house sites and lands in the name

of his wife/(A2) at Cuddalore, Karur and Thiruvarur Districts and he

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Crl.R.C.No.476 of 2022 & CRL OP.No.26876 of 2022

purchased number of Buses, Tractors in the name of his father/(A-3)

at Thiruvarur District between 2007 and 2011 and he constructed

“Sri Saradha Mahal Marriage Hall” in the name of (A-3) at

Thiruvidaimaruthur, Thanjavur District, between 2010 and 2012.

Hence, the check period was fixed between 2007 and 2011 that is

between 01.01.2007 to 17.03.2011.

(iv) At the beginning of the check period as on 01 01.2007, the

value of assets stood in the n