The principle of parity mandates that an accused person, whose situation and allegations are not distinguishable from those of co-accused already granted discharge or quashing of proceedings, is entitled to similar relief to prevent arbitrary treatment under Article 14 of the Constitution.

ORDER

This criminal original petition has been filed praying to quash the proceedings in CC.No.11 of 2006 pending on the file of the learned XI Additional Special Court for CBI Cases, Singaravelar Maaligai, Chennai.

2. The case of the Prosecution is that the HUDCO NIWAS Scheme was envisaged in the year 2000 for sanction of loans to individuals for purchase of plots. Two important requirements for sanction of loan is that the developer should be reputed one and the loan sanctioned should not exceed 85% of the registered value of the plot including the registration charges. Al was the competent authority to sanction the loan processed by the Retail Finance Unit. A2 as Stenographer is not empowered to receive the loan applications from the loanees and to process them. But A2 was entrusted with the work of receiving the loan applications by Al in pursuance of criminal conspiracy, against HUDCO Circulars. A2 after receipt of the loan applications used to check the applications and instruct the loanees to make suitable corrections in the application in order to circumvent the rules and regulations of HUDCO knowing that the information directed to be filled up is not true. A2 used to do the legal appraisal though she is not competent to make remarks. Further, the employment verification of the loanees was done knowing that no such verification was carried out and A2 pressurized the Senior Managers on behalf of Al to process the loan applications. A3/M/s Sindhu Developers Pvt. Ltd. developed a layout at Sri Krishna Nagar at No.157, Pondur Village, Sriperumbudur Taluk and created inflated sale agreements with 43 loanees for availment of loan under HUDCO NIWAS, on forged income proof and false sale agreement and thereby loanees received excess loan amount from HUDCO. The allegation as against the petitioner is that he is one of the 43 loanees above mentioned and that he being a Health Inspector in the Public Health Department has submitted forged and fabricated salary slip to the HUDCO and caused wrongful loss to the HUDCO to the tune of Rs.3,69,000/-. Hence, a criminal case had been registered. After completion of investigation, final report was filed and the same was taken cognizance in CC.No.11 of 2006 on the file of the learned XI Additional Special Court for CBI Cases, Singaravelar Maaligai, Chennai for the offences under Sections 120(b) r/w 420, 467, 468, 471 of IPC and Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988.

3. The learned counsel for the petitioner submitted that there are totally 43 accused, in which the petitioner is arrayed as A29. Some of the accused i.e. A41, A37 & A46 separately approached this Court in Crl.OP.Nos.27543, 28469 & 28466 of 2025 respectively and this Court by common order dated 07.04.2026, quashed the proceedings impugned in this criminal original petition insofar as the aforementioned A41, A37 & A46. The learned counsel further submitted the alleged loss was already repaid to the HUDCO and the petitioner was issued NO Objection Certificate by the HUDCO as early as 2007 and therefore, there is no loss to the HUDCO and as such, the same benefit given to A41, A37 & A46 by this Court, may be extended to this petitioner as well.

4. Heard, the learned counsel appearing on either side and perused all the materials placed before this Court.

5. It is relevant to extract the relevant portion of the order passed by this Court in Crl.OP.Nos.27543, 28469 & 28466 of 2025 dated 07.04.2026, thereby quashing the proceedings impugned in this criminal original petition in respect of A41, A37 & A46, hereunder:

“21. Thus, the Apex Court held that speedy trial wold encompass within its sweep all its stages including investigation, inquiry, trial, appeal, revision and retrial, in short everything commencing with an acc