SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(Mad) 60715

MADRAS HIGH COURT
Not mentioned in text, Not mentioned
Veeraiyan N. M. v. State by The Inspector of Police CBI/ACB/Chennai
Revision Petition | Criminal Case



Advocates:
For the Appellants/Petitioners: Mr.N.R.Elango
For the Respondents: Mr.K.Srinivasan

Charges cannot be framed based solely on suspicions; there must be prima facie evidence, not mere presumption, to substantiate allegations against an accused.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 227 - IPC - Section 120

(B) - The Prevention of Corruption Act, 1988 - Sections 7, 12, and 13(2) - Revision petition against dismissal of discharge petition - Charges against the petitioner as conspirator without prima facie evidence - The court ruled that for framing charges, there must be a strong suspicion based on material evidence, not mere presumption. (Paras 2, 8, 32)

(B) Conspiracy - Elements required for establishing conspiracy under IPC - Need for an agreement and meeting of minds between parties to commit an unlawful act - Insufficient evidence against petitioner to prove participation in conspiracy. (Paras 27, 32)

Facts of the case:
The petitioner was involved in a case against seven accused charged with conspiracy and corruption. Allegations were centered on the demand for illegal gratification concerning a medical seat. Multiple actors were involved, and the petitioner denied involvement, claiming a lack of evidence. (Paras 2, 3)

Findings of Court:
No prima facie case established against the petitioner; the trial court's dismissal of discharge petition was not supported by evidence, thereby constituting abuse of process of law. (Paras 32, 33)

Issues: Determining whether there was sufficient evidence to frame charges against the petitioner, considering evidence against him relative to co-accused’s confessions. (Paras 19, 27)

Ratio Decidendi: A strong suspicion must be founded on evidence, and mere suspicion does not suffice to frame charges. The court highlighted the importance of prima facie evidence in substantiating allegations against the accused. (Paras 30, 32)

Result: Revision petition allowed; order of trial court set aside; petitioner discharged from all charges.

Table of Content
1. overview of the case and accused involvement (Para 1 , 2)
2. arguments from both parties regarding charges (Para 3 , 4 , 5 , 6)
3. court's observance of legal principles in discharge (Para 7 , 8 , 9 , 10)
4. principles regarding coercion and confession of co-accused (Para 11 , 12 , 13 , 18 , 19)
5. evaluation of evidence and statements against the petitioner (Para 14 , 15 , 16 , 17)
6. confessions are weak evidence against co-accused (Para 20 , 21 , 22 , 23)
7. lack of prima facie evidence for charges (Para 24 , 25 , 27)
8. suspicion requires material backing; mere suspicion insufficient (Para 29 , 31)
9. conclusion: no grounds for charges against the petitioner (Para 32 , 33)

1. Against the dismissal of the discharge petition filed under S.227 of the Code of Criminal Procedure, 1973 ( in short, "the Code"), the petitioner is before this court with this revision petition.

2. The case of the prosecution in brief is as follows: -
(a) There are totally seven accused in this case and the petitioner has been arrayed as A7. They have been charged for offences under S.120(B) of IPC r/w 7, 12 and 13(2) r/w 13(1)(d) of The Prevention of Corruption Act, 1988 ( in short, "the PC Act"). A1 in the case, one Durga Prasad was working as Regional Commissioner in Employees Provident Fund Organization, Chennai (in short "EPFO"); A2 is a Deemed University by name "Savitha University" which runs various Educational Institutions, like Medical College, Dental College, etc.; A3 - G.Ezhumalai and A4 - J.Manigandan were working as Enforcement Officers in EPFO at Ambattur in Chennai; A5 - Sengottaiyan was the Administrative Officer of Saveetha Dental College, A6 - Saravanan was working as Finance Officer in Saveetha Medical College and Saveetha Dental College and A7 / the petitioner is the Chancellor of Saveetha University, A2 herein.
(b) In the year 2014, A1 entered into a conspiracy with two of his Subordinate Officers namely, A3 and A4 to obtain a medical seat for his daughter in A2 University by abusing his official position. Pursuant to the same, he instructed one of his Subordinates to conduct an inspection at A2 institution. Accordingly, A3 and A4 along with one Sri.Nilendu Mishra, Regional Provident Fund Commissioner - II, Ambattur, conducted inspection at Saveetha Dental College, Saveetha Medical and Educational Trust, Saveetha Institute of Medical and Technical Services. Thereafter, an enquiry under S.7 - A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 was initiated by the Sub Regional Officer of EPFO at Ambattur on 27.02.2015. Then, A1 approached A7 and requested a medical seat for his daughter, however, he could not get medical seat in A2 University. Thereafter, A1 demanded illegal gratification of Rs.50,00,000/- from A7 / the petitioner, A5 and A6 through A3 to close the above proceedings. However, after negotiation, the amount was reduced to Rs.25,00,000/-.
(c) In furtherance of the above said conspiracy, on 11.01.2016, A1 called one Sudalaimuthu, who, later on, turned to be an approver, over phone and gave instructions to collect cash from a college representatives and keep it with him. In pursuance of the criminal conspiracy, on the instructions of the petitioner (A7), on 12.01.20216, A6 took cash of Rs.15,00,000/- from the locker maintained by them with Karur Vysa Bank Limited and on the request of A5, one Dasarathan, a contractor for Saveetha Group of Institution and took A5 and A6 to Ambattur and handed over the cash of Rs.15,00,000/- to one Suriyanarayanan, who also, later on, turned to be an approver, the Manager of Sudalaimuthu. Thereafter, Suryanarayanan handed over the cash to Sudalaimuthu and after handing over the cash, both A5 and A6 informed the same to A4.
(d) In the mean time, based on the source information, the respondent CBI formed a team to nab A1 while accepting the bribe amount from Sudalaimuthu. On 17.01.2016, A1 came in a car along with his Auditor one Raja to the house of Sudalaimu
































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top