Madras High Court
G.Devadoss (A2) vs The State Rep By on 23 February, 2015
Author: R.Mala
Bench: R.Mala
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2015 CORAM : THE HONOURABLE MS.JUSTICE R.MALA Criminal Revision Nos.25, 58 & 59 of 2015 Crl.R.C.No.25 of 2015 G.Devadoss (A2) Formerly Under Secretary to Government Health and Family Welfare Department & Khadi Department and Vice-President of TNSSCHS, Chennai. ... Petitioner/Revisioner/2nd Accused Vs. The State Rep by The Inspector of Police Vigilance and Anti-Corruption Special Investigation Cell Chennai 600 028. ... Respondent/Respondent/Complainant Prayer: Criminal appeal filed under Section 397 r/w 401 Cr.P.C., against the order passed by the learned Special Judge, Special court for the cases under Prevention of Corruption Act, Chennai, dated 15.12.2014 made in Crl.M.P.No.710 of 2013 in C.C.No.3 of 2013. For Petitioner : Mr.V.Kannadasan For Respondent : Mr.V.Arul, Government Advocate (Crl. Side) Crl.R.C.No.58 of 2015 R.Gopal Formerly Under Secretary to Government Labour and Employment Department and Board of Director TNSSCHS, Chennai. ... Petitioner/Petitioner/3rd Accused Vs. The State Rep by The Inspector of Police Vigilance and Anti-Corruption Special Investigation Cell Chennai 600 028. ... Respondent/Respondent/Complainant Prayer: Criminal appeal filed under Section 397 r/w 401 Cr.P.C., against the order passed by the learned Special Judge, Special court for the cases under Prevention of Corruption Act, Chennai, dated 15.12.2014 made in Crl.M.P.No.747 of 2013 in C.C.No.3 of 2013. For Petitioner : Mr.V.Srinivasa Babu For Respondent : Mr.V.Arul, Government Advocate (Crl. Side) Crl.R.C.No.59 of 2015 M.Elanchezhian Formerly Section Officer Industries Department and Board of Director TNSSCHS, Chennai. ... Petitioner/Petitioner/5th Accused Vs. The State Rep by The Inspector of Police Vigilance and Anti-Corruption Special Investigation Cell Chennai 600 028. ... Respondent/Respondent/Complainant Prayer: Criminal appeal filed under Section 397 r/w 401 Cr.P.C., against the order passed by the learned Special Judge, Special court for the cases under Prevention of Corruption Act, Chennai, dated 15.12.2014 made in Crl.M.P.No.749 of 2013 in C.C.No.3 of 2013. For Petitioner : Mr.V.Srinivasa Babu For Respondent : Mr.V.Arul, Government Advocate (Crl. Side) COMMON ORDER
These revisions arises out of the order dated 15.12.2014, made in Crl.M.P.Nos.710, 747 and 749 of 2013 in C.C.No.3 of 2013, on the file of the learned Special Judge, Special Court for the Cases under Prevention of Corruption Act, Chennai.
2. For the sake of convenience, the petitioners herein are referred to as A2, A3 and A5.
3. The case of the prosecution is as follows:
(a) The petitioners herein are the officers working in various departments at Secretariat, Chennai. They were also holding various posts in the Tamil Nadu Secretariat Staff Co-operative Housing Society, which is a society registered under the Tamil Nadu Co-operative Societies Act, 1983. The said society was formed with an intention to distribute house sites with non-profit motive. Admittedly, the petitioners were holding office from 26.07.1999 to 28.03.2004.
(b) As per G.O.(Ms).No.121, dated 09.03.1999, the Tamil Nadu Secretariat Staffs Cooperative Housing Society was alloted with Hectares 23.02.0 of land in Okkiyam Thuraipakkam Village for the purpose of allotting the same to its members. A seniority list for allotment of house sites was prepared and the same was also published. A layout was made which includes road area, park, 680 residential plots, 58 public purpose plots, 12 shops, 6 convenience shop sites, 1 school and 31,220 sq.m was left to the coastal regulation zone and the same was approved by the CMDA vide letter dated 06.06.2002.
(c) After getting the application from the member, plots were allotted to them, However, during the course of allotment, the accused herein who were holding the posts of President, Vice-President and Board of Directors conspired together and alloted the plots to ineligible persons by way of forgery and malpractices.
(d) Hence a case was registered against the accused persons in Crime No.4 of 2009 and after completing the investigation, a charge sheet was filed under Section 120-B, 409, 420, 467, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
4. The accused/the petitioners herein had filed applications for discharging them from the charges. The Trial Court, after hearing both sides had dismissed their applications for discharge, against which they have preferred the present revisions.
5. Though the learned counsels appearing for the petitioners had raised so many points at the time of filing the revisions, during the course of the arguments, they confined their argument to limited points. The learned counsels would submit that as per G.O.(Ms).No.121, dated 09.03.1999, the Tamil Nadu Secretariat Staffs Cooperative Housing Society was alloted with Hectares 23.02.0 of land for the purpose of allotting the same to its members. During the period 1999 to 2004, some irregularities were alleged to be committed by the petitioners herein viz., A2, A3 and A5 and the other accused persons. Hence, FIR was registered on 16.02.2009 and after investigation, chargesheet was filed on 18.10.2012 under Sections 120-B, 420, 409, 467, 468, 471 of IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Already one of the accused, S.Elamathi (A8) had died. The applications filed by the petitioners herein viz., A2, A3 and A5 were dismissed by the Trial Court against which they have prepared the present revisions.
6. At the time of filing the revisions, the petitioners herein had raised the following points:
(a) They are only the elected members of the executive committee and not the public servants.
(b) The delay in filing the FIR and Chargesheet is fatal to the case of the prosecution.
(c) Since they are not the public servants, action cannot be initiated against them under Section 2(c)(9) of the Prevention of Corruption Act. Further, without the approval of the Registrar of Co-operative Societies, no case can be registered against them, as per Section 164 of the Tamil Nadu Co-operative Societies Act.
(d) Further, before passing an order as per Section 182 of the Tamil Nadu Co-operative Societies Act, an opportunity must be given to the parties. However, no such opportunity was afforded to them.
However, the Trial Court without taking into consideration of the above factum had dismissed their petitions, against which the petitioners have preferred the present revisions.
7. Even though, the learned counsel for the petitioners had reiterated the same averments raised before the Trial Court, during the course of the argument, they fairly conceded for earlier disposal of the case, since some of the officers had retired and some are under suspension. On the other hand, the learned Government Advocate (Crl. Side) left the matter for the discretion of the Court.
8. Considering the representation made by both sides and taking into consideration of the fact that the alleged occurrence took place during the year 1999 to 2004 and the Chargesheet was filed only on 18.10.2012 and the further fact that except the petitioners herein viz., A2, A3 and A5, the other four accused persons had not preferred any discharge application and the charge is yet to be framed, so I am of the view that it would be appropriate on the part of this Court to give a direction to the Trial Court to dispose of C.C.No.3 of 2013, at the earliest.
9. Accordingly, the Trial Court is directed to to frame the charges as early as possible and dispose of C.C.No.3 of 2013 within a period of three months from the date of receipt of a copy of this order, on a day to day basis. The respondent Police is directed to produce the witnesses as and when the Court directs.
10. With the above observations, the Criminal Revision stands dismissed.
23.02.2015 pgp Note : Issue Order copy on 24.02.2015 To
1. The learned Special Judge, Special court for the cases under Prevention of Corruption Act, Chennai
2. The Inspector of Police Vigilance and Anti-Corruption Special Investigation Cell Chennai 600 028.
3. The Public Prosecutor, High Court of Madras
4. Record Keeper, Criminal Section, High Court of Madras R.MALA, J.
pgp Crl.R.C.Nos.25, 58 & 59 of 2015 Dated : 23.02.2015