P.RAJAMANICKAM,J. - (1.) This petition has been filed by the accused No.1 under Section 482 Cr.P.C to call for the records relating to the Charge Sheet in C.C.No.25/2013 on the file of the Special Court for Cases under Prevention of Corruption Act, 1988, Chennai and quash the same, as against the petitioner, based on the Memo dated 10.08.2018 filed by the respondent in the Special Court.
(2.) The respondent herein had filed a charge sheet stating that the petitioner herein (A1) is an IPS Officer and when he was working as Inspector General of Police, Intelligence at Chennai, during the period between 2008 and 2010 at Chennai and at other places, he along with other accused persons (A2 to A7) committed criminal conspiracy to commit and abet one another in the Commission of the offence of Criminal breach of trust and the offence of criminal misconduct in connection with the allotment of the Government Discretionary Quota (GDQ) plots to the petitioner herein (A1) and his family and Dr.R.Durgashankar (A2). In pursuance of the said criminal conspiracy, the petitioner herein got a plot No.543 A, Kamaraj Nagar, Thiruvanmiyur under GDQ as per the G.O.No.370 dated 04.04.2008. Subsequently for the convenience of the petitioner herein (A1)and A5 for a joint venture of construction, it was converted into 6 plot layout from 7 plot lay out. Subsequently, the petitioner herein (A1) gave an application to cancel the said allotment and accordingly it was cancelled on 30.04.2008. Thereafter on 01.05.2008, the petitioner herein through his daughter Miss.Jenifer gave an application for the allotment of Plot No.540 and the said plot was alloted to her as per G.O.469 dated 06.05.2008. After she made full payment, she gave an application for cancellation of the said Plot on 30.04.2009 and Cancellation Order was issued on 08.05.2009. Thereafter the petitioner herein applied through his wife Tmt.Parvin Jaffer Sait (A2) for the allotment of the same Plot No.540. The said plot was alloted to her as per G.O.No.143 dated 05.06.2009. Thereafter, the said Tmt.Parvin(A2) made an agreement with A7 Mr.T.Udhayakumar and received Rs.1,27,23,000/-. Similar allegations made against A5 also. Further, it is stated that A3 and A4 have abetted other accused in the Commission of the above offences and hence all the accused (A1 to A7) are liable to be punished U/s.120 B IPC, 409 IPC and Sec 13(2) r/w 13(1)(c) and (d) of Prevention of Corruption Act, 1988 and Section 109 IPC.
(3.) It is further stated in the charge sheet that sanction orders were obtained from the competent authorities for A3 and A6. Since A4 is retired from service, to sanction is required for him.;