Madras High CourtCRL OP(MD)/11173/2022disposed of

S.S.V.A.Mahalingam v. The Inspector Of Police

2023-07-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No. 11173 of 2022 and Crl.MP(MD)No.7042 of 2023 S.S.V.A.Mahalingam

...Petitioner/Accused No.5

Vs.

The State Rep by The Inspector of Police, Vigilance and Anti-Corruption, Pudukottai.

(Crime No.1 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.1 of 2022 dated 21.01.2022 on the file of the Respondent herein and to quash the same as against the Petitioner/Accused No.5.

For Petitioner : Mr.D.Sivaraman For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This petition has been filed to quash the FIR in Crime No.1 of 2022 dated 21.01.2022 on the file of the Respondent herein.

2.The case of the prosecution is that the petitioner is a Government Servant and now, he is working as Assistant Project Officer (Housing and Sanitation) in Tiruchirappalli district. When he was working as Block Development Officer from the period 12.09.2018 to 08.03.2019, in Gandharvakottai Panchayat Union, he along with other government officials/accused misappropriated a sum of Rs.17,70,000/- from the beneficiaries of Pradhan Mantri Awaas Yojana - Gramin (PMAY-G) by sanctioning the said amount to 9 beneficiaries in Kulathur Panchayat, Gandharvakottai Panchayat Union, by creating false and forged records as if the houses were constructed by the said 9 beneficiaries. Hence, a case has been registered in Crime No.1 of 2022 for the offences under Sections 465, 466, 468, 471, 477(A), 167, 409, 420 of IPC r/w Section 13(1)(c) r/w 13(2) and 13(1)(a) r/w 13(2) of Prevention of Corruption Act, 1988 against the accused. Aggrieved by the same, this petition has been filed.

3.The learned Additional Public Prosecutor would submit that in this case, there are totally 14 accused. The petitioner is arrayed as fifth accused. The Investigating Agency after conducting investigation, recommended the case for initiating departmental proceeding under

Tamilnadu Civil Services (Disciplinary Proceedings Tribunal) Rules, 1955.

4.In view of the submission made by the learned Additional Public Prosecutor, this petition is closed with liberty to the petitioner to raise all the contentions before the Tribunal constituted under above Rules, 1955. Consequently, connected miscellaneous petition is closed. 05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To 1.The Inspector of Police, Vigilance and Anti-Corruption, Pudukottai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

dss Crl.O.P.(MD) No. 11173 of 2022 and Crl.MP(MD)No.7042 of 2023 05.07.2023