STATE OF TAMIL NADU Vs. N.SURESH RAJAN
LAWS(SC)-2014-1-11
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on January 06,2014

STATE OF TAMIL NADU Appellant
VERSUS
N.Suresh Rajan Respondents





Cited Judgements :-

R B USHA VS. STATE REP BY INSPECTOR OF POLICE [LAWS(MAD)-2018-2-29] [REFERRED TO]
KANDASAMY VS. STATE BYINSPECTOR OF POLICE [LAWS(MAD)-2018-6-522] [REFERRED TO]
I. VIJAYAKUMAR VS. STATE REPRESENTED BY [LAWS(MAD)-2019-3-490] [REFERRED TO]
SUO MOTU VS. STATE [LAWS(MAD)-2023-8-1] [REFERRED TO]
M.MARICHAMY VS. SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH [LAWS(MAD)-2022-2-113] [REFERRED TO]
J.AMALA JESSI JACQUILIN VS. STATE [LAWS(MAD)-2020-12-350] [REFERRED TO]
S.JUNAITH VS. STATE [LAWS(MAD)-2019-4-436] [REFERRED TO]
STATE VS. R. SOUNDIRARASU [LAWS(SC)-2022-9-14] [REFERRED TO]
STATE OF MADHYA PRADESH VS. VEDVRAT SHARMA [LAWS(MPH)-2023-12-68] [REFERRED TO]
ANIMESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2024-3-43] [REFERRED TO]
MOHAN RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-4-229] [REFERRED TO]
YASHWANT CHATURVEDI VS. STATE OF U.P. [LAWS(ALL)-2017-11-210] [REFERRED TO]
KULSUM BEGAM MOLLA VS. SHRIRAM GENERAL INSURANCE CO. LTD. [LAWS(CAL)-2024-1-62] [REFERRED TO]
SUMIT VS. STATE (GOVT. OF NCT DELHI) [LAWS(DLH)-2020-11-183] [REFERRED TO]
SANJAY S/O. SUGANCHAND KASLIWAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-3-139] [REFERRED TO]
PRADEEP NIRANKARNATH SHARMA VS. DIRECTORATE OF ENFORCEMENT [LAWS(GJH)-2023-3-103] [REFERRED TO]
HITESH DAYABHAI KANSAGRA VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-43] [REFERRED TO]
VASUBHAI ISHWARBHAI RABARI (DESAI) VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-125] [REFERRED TO]
RANGANATH VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-812] [REFERRED TO]
VAZHUTHACAUD R. NARENDRAN NAIR VS. STATE OF KERALA [LAWS(KER)-2024-2-211] [REFERRED TO]
GYANCHAND PRASAD AGRAWAL VS. UNION OF INDIA [LAWS(JHAR)-2023-9-93] [REFERRED TO]
KHUSHNUMA AND 4 OTHERS VS. STATE OF U P [LAWS(ALL)-2014-8-468] [REFERRED TO]
S K SINGH VS. STATE OF M P & OTHERS [LAWS(MPH)-2016-3-141] [REFERRED]
DINESH KUMAR VS. STATE OF H.P [LAWS(HPH)-2024-3-20] [REFERRED TO]
STATE OF KARNATAKA VS. YOGA RAMESH [LAWS(KAR)-2022-7-1573] [REFERRED TO]
S.M. KATWAL VS. VIRBHADRA SINGH AND ORS. [LAWS(HPH)-2015-5-72] [REFERRED TO]
THANKAMANI VS. USHADEVI [LAWS(KER)-2018-8-240] [REFERRED TO]
M. GOPINATH VS. STATE [LAWS(MAD)-2020-12-536] [REFERRED TO]
BALBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-2-198] [REFERRED TO]
STATE BY THE INSPECTOR OF POLICE VS. S.SELVI [LAWS(SC)-2017-12-60] [REFERRED TO]
BAJRANG LAL AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-8-232] [REFERRED TO]
ROHIT PANCHAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-3-93] [REFERRED TO]
UDIT SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-11-8] [REFERRED TO]
M. PARVIN VS. DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION [LAWS(MAD)-2022-11-312] [REFERRED TO]
S. MOHAN VS. STATE OF KERALA [LAWS(KER)-2024-1-164] [REFERRED TO]
STATE VS. B.VALARMATHI [LAWS(MAD)-2023-9-27] [REFERRED TO]
KALANITHI MARAN CHAIRMAN AND MANAGING DIRECTOR VS. STATE REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2018-11-95] [REFERRED TO]
SEAPORT LOGISTICS PRIVATE LIMITED VS. STATE [LAWS(MAD)-2018-2-269] [REFERRED TO]
N.RAJESWARI VS. STATE [LAWS(MAD)-2019-2-232] [REFERRED TO]
KANCHAN KUMAR SON OF LATE SHATRUGHAN PRASAD KASTWAR, R/O C VS. STATE OF BIHAR THROUGH THE DEPARTMENT OF VIGILANCE, GOVT. OF BIHAR, PATNA [LAWS(PAT)-2016-10-21] [REFERRED TO]
RAVI KUMAR VS. THE STATE [LAWS(MAD)-2015-3-7] [REFERRED TO]
GHULAM HASSAN BEIGH VS. MOHAMMAD MAQBOOL MAGREY [LAWS(SC)-2022-7-88] [REFERRED TO]
CAPTAIN MANJIT SINGH VIRDI (RETD.) VS. HUSSAIN MOHAMMED SHATTAF [LAWS(SC)-2023-5-82] [REFERRED TO]
PUNEET SABHARWAL VS. CBI [LAWS(SC)-2024-3-54] [REFERRED TO]
AHMEDABAD MUNICIPAL CORPORATION VS. HARDIK RAJESHKUMAR SHAH [LAWS(GJH)-2023-7-1099] [REFERRED TO]
PUSHPADEVI W/O SURENDRAKUMAR MISHRA VS. STATE OF GUJARAT [LAWS(GJH)-2024-3-54] [REFERRED TO]
BHAVESHKUMAR TEJMALBHAI RABARI VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-1476] [REFERRED TO]
SHASHI PRABHA YADAV VS. ALOK TRIPATHI [LAWS(CHH)-2022-9-114] [REFERRED TO]
VIJAY KUMAR VS. STATE OF JAMMU & KASHMIR [LAWS(J&K)-2021-8-38] [REFERRED TO]
HEMANT KUMAR MISHRA VS. STATE OF U. P. [LAWS(ALL)-2019-8-24] [REFERRED TO]
DEV NATH VERMA VS. STATE [LAWS(ALL)-2019-10-249] [REFERRED TO]
OM PRAKASH KAPOOR @ O.P. KAPOOR VS. STATE [LAWS(ALL)-2019-12-30] [REFERRED TO]
SUDERSHAN KUMAR VS. STATE OF U P & ANR [LAWS(ALL)-2017-5-618] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. R. BHUVANESWARI [LAWS(BOM)-2024-1-108] [REFERRED TO]
RAHIMUNNISHA VS. STATE OF U. P. [LAWS(ALL)-2021-12-171] [REFERRED TO]
JAGADISH BORAH VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2016-9-13] [REFERRED TO]
RAJENDRA KUMAR GOYAL VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2019-3-86] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. SANJIB HALDER [LAWS(CAL)-2022-6-41] [REFERRED TO]
SANJAY BHANDARI VS. INSPECTOR OF POLICE, CBI/ACB SPE [LAWS(MAD)-2019-10-390] [REFERRED TO]
RIYAZ KHAN FARIDI VS. UNION OF INDIA [LAWS(JHAR)-2022-5-56] [REFERRED TO]
RUPAK SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-11-72] [REFERRED TO]
ARVIND SETHI VS. UNION OF INDIA [LAWS(BOM)-2024-1-120] [REFERRED TO]
RAM PRAKASH CHADHA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2024-7-57] [REFERRED TO]
DEVENDRA SINGH SON OF LATE BISHWANATH SINGH VS. STATE OF BIHAR THROUGH VIGILANCE [LAWS(PAT)-2016-9-82] [REFERRED]
VIPIN SHARMA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-45] [REFERRED TO]
RANJAN DAIMARI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2022-9-125] [REFERRED TO]
STATE OF GUJARAT VS. HAFIZHUSAIN @ ADNAN @ JAID TAJJUDIN GOSMOHIDDIN MULLA [LAWS(GJH)-2022-11-58] [REFERRED TO]
OM PRAKASH JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2021-8-131] [REFERRED TO]
B.S.VENKATACHALAPATHI VS. STATE [LAWS(KAR)-2022-4-223] [REFERRED TO]
RAJESHWAR KUMAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-1-57] [REFERRED TO]
RAJ KUMAR GUPTAGUPTA VS. KAILASH AGRAWAL [LAWS(CHH)-2016-12-46] [REFERRED TO]
NITINCHANDRA SOMNATH RAVAL VS. STATE OF GUJARAT [LAWS(GJH)-2023-4-480] [REFERRED TO]
M.MOHAMED ABBAS VS. STATE [LAWS(MAD)-2023-8-96] [REFERRED TO]
PRAKASH MUNI VS. CHANDRA KISHORE [LAWS(MPH)-2019-7-34] [REFERRED TO]
GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) VS. BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED [LAWS(SC)-2021-3-50] [REFERRED TO]
PASUPATHI VS. VADIVAZHAGI [LAWS(MAD)-2019-4-156] [REFERRED TO]
K. MUTHUSELVAM VS. STATE [LAWS(MAD)-2018-2-396] [REFERRED TO]
ABDUL HAMID MIR VS. STATE OF J & K [LAWS(J&K)-2021-8-82] [REFERRED TO]
DALIP SINGH VS. CENTRAL BUREAU OF INVESTIGATION, JAMMU [LAWS(J&K)-2021-9-46] [REFERRED TO]
MAHENDRA KUMAR VS. STATE OF U. P. [LAWS(ALL)-2021-1-93] [REFERRED TO]
STATE OF U. P. VS. CHIEF CONTROLLING REVENUE AUTHORITY AT ALLAHABAD [LAWS(ALL)-2021-7-150] [REFERRED TO]
DOLI LOYI VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2015-9-148] [REFERRED TO]
P V SAMPATH KUMAR VS. STATE BY KARNATAKA [LAWS(KAR)-2019-6-29] [REFERRED TO]
ARUNKUMAR SOMABHAI SUTARIA VS. STATE OF GUJARAT [LAWS(GJH)-2024-7-95] [REFERRED TO]
KARAN KOHLI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-10-118] [REFERRED TO]
BIMALENDU MALLICK VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(CAL)-2024-5-58] [REFERRED TO]
BIKASH CHANDRA PRADHANI VS. STATE OF ASSAM [LAWS(GAU)-2022-6-15] [REFERRED TO]
MANOJ AGRAWAL VS. SMT.PRIYA RAMCHANDANI [LAWS(CHH)-2016-9-66] [REFERRED TO]
SARVESH DHEER VS. MANJU UPENDRA SANDILYA AND OTHERS [LAWS(CHH)-2017-10-32] [REFERRED TO]
P.P. FAROOQUE VS. DEPUTY SUPERINTENDENT OF POLICE [LAWS(KER)-2024-1-191] [REFERRED TO]
PANKAJ SHARMA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2023-12-80] [REFERRED TO]
DILIP KUMAR DAS VS. CENTRAL BUREAU OF INVESTIGATION (ACB) [LAWS(CHH)-2015-9-4] [REFERRED TO]
K. SOMASHEKAR VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-543] [REFERRED TO]
STATE OF KARNATAKA VS. T. HANUMANTHAIAH [LAWS(KAR)-2022-12-132] [REFERRED TO]
RAJESH KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2024-7-58] [REFERRED TO]
VIKAS ASTHANA VS. STATE OF U.P. [LAWS(ALL)-2022-5-86] [REFERRED TO]
JIBAN KRISHNA ACHARJEE VS. STATE OF TRIPURA [LAWS(TRIP)-2016-12-1] [REFERRED TO]
TAPAN DEBNATH VS. STATE OF TRIPURA [LAWS(TRIP)-2024-4-10] [REFERRED TO]
SHAKTI VISHAL VS. THE STATE OF BIHAR [LAWS(PAT)-2016-8-9] [REFERRED TO]
SRI KANT KUNWAR @ SRI KANT KUMAR VS. THE STATE OF BIHAR [LAWS(PAT)-2016-5-143] [REFERRED TO]
V.KUPPULAKSHMI VS. JAIPRASANTH [LAWS(MAD)-2016-8-160] [REFERRED TO]
STATE BY KARNATAKA LOKAYUKTA POLICE STATION, BENGALURU VS. M R HIREMATH [LAWS(SC)-2019-5-75] [REFERRED TO]
VISHNU KUMAR SHUKLA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2023-11-52] [REFERRED TO]
STATE OF JHARKHAND THROUGH SP, CBI VS. LALU PRASAD @ LALU PRASAD YADAV [LAWS(SC)-2017-5-7] [REFERRED TO]
STATE OF KARNATAKA VS. SELVI J. JAYALALITHA & ORS. [LAWS(SC)-2017-2-29] [REFERRED TO]
ANILKUMAR BALIRAM GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-5-97] [REFERRED TO]
B M SENGUTTUVAN FORMER MEMBER OF LEGISLATIVE ASSEMBLY VS. STATE REP BY DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2017-8-298] [REFERRED TO]
RAVI VS. STATE OF KARNATAKA [LAWS(KAR)-2014-3-132] [REFERRED TO]
STATE OF J & K VS. TANVEER AHMAD SALAH [LAWS(J&K)-2021-5-14] [REFERRED TO]
K. DHANALAKSHMI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2023-1-15] [REFERRED TO]
MAHESH VINAYAK PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-146] [REFERRED TO]
SURAJ KUMAR VS. STATE NCT OF DELHI [LAWS(DLH)-2024-2-115] [REFERRED TO]
INDER SINGH SOLANKI VS. STATE OF NCT OF DELHI [LAWS(DLH)-2024-7-88] [REFERRED TO]
JANAKI VS. STATE REP BY SUB INSPECTOR OF POLICE [LAWS(MAD)-2018-6-403] [REFERRED TO]
K.S. SUBRAMANIAN AND OTHER VS. STATE [LAWS(MAD)-2018-2-394] [REFERRED TO]
P VENKATESWARLU VS. INSPECTOR OF POLICE CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BUREAU CHENNAI [LAWS(MAD)-2018-2-492] [REFERRED TO]
SANJAY SHANTARAM NAIK VS. STATE [LAWS(BOM)-2021-12-305] [REFERRED TO]
BRIJ NANDAN VS. STATE OF PUNJAB [LAWS(P&H)-2022-2-97] [REFERRED TO]
IN THE MATTER OF:- UDIT SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-11-101] [REFERRED TO]
PARAMITA MAJUMDER (DATTA) VS. BISWANATH DATTA [LAWS(TRIP)-2017-1-3] [REFERRED TO]
BHOLA GIRI VS. STATE OF BIHAR [LAWS(PAT)-2024-4-23] [REFERRED TO]
STATE OF MADHYA PRADESH VS. MURARI LAL [LAWS(MPH)-2014-10-122] [REFERRED TO]
STATE OF RAJASTHAN VS. ASHOK KUMAR KASHYAP [LAWS(SC)-2021-4-13] [REFERRED TO]
STATE OF GUJARAT VS. DILIPSINH KISHORSINH RAO [LAWS(SC)-2023-10-28] [REFERRED TO]
STATE VS. K.PONMUDI [LAWS(MAD)-2023-12-113] [REFERRED TO]
SUSANTA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-1-50] [REFERRED TO]
RANGANATH VS. STATE OF KARNATAKA [LAWS(KAR)-2022-10-112] [REFERRED TO]
MANSIBEN MAHENDRABHAI VYAS VS. STATE OF GUJARAT [LAWS(GJH)-2022-8-84] [REFERRED TO]
RAM NAYAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-11-117] [REFERRED TO]
PURSHOTTAM PANDEY VS. STATE OF U P [LAWS(ALL)-2019-7-129] [REFERRED TO]
GURUNATH LAXMAN GAWLI AND ANOTHER VS. STATE OF MAHARASHTRA AND ANOTHER [LAWS(BOM)-2017-3-87] [REFERRED TO]
M/S VAJRA CEMENT PRIVATE LIMITED VS. THE BIHAR STATE ELECTRICITY BOARD [LAWS(PAT)-2015-11-98] [REFERRED]
SRI HARI VS. STATE [LAWS(MAD)-2021-1-30] [REFERRED TO]
SITARAM SUREKA SON OF LATE S K SUREKA VS. CENTRAL BUREAU OF INVESTIGATION, PATNA THROUGH SUP [LAWS(PAT)-2018-3-162] [REFERRED TO]
STATE OF M.P. VS. MANNULAL [LAWS(MPH)-2014-12-116] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. SAMPATA DEVI [LAWS(ALL)-2023-10-95] [REFERRED TO]
RAJENDRA KUMAR JAIN VS. STATE OF ARUNACHAL PRADESH AND ORS. [LAWS(GAU)-2015-9-28] [REFERRED TO]
CHIKKAM PRASANTHI VS. STATE OF A P , ANOTHER [LAWS(APH)-2018-12-5] [REFERRED TO]


JUDGEMENT

- (1.)CRIMINAL APPEAL NO.22-23 OF 2014 (@SPECIAL LEAVE PETITION(CRL.)Nos.3810- 3811 of 2012)
The State of Tamil Nadu aggrieved by the order dated 10th of December, 2010 passed by the Madras High Court in Criminal R.C.No.528 of 2009 and Criminal M.P.(MD) No.1 of 2009, setting aside the order dated 25th of September, 2009 passed by the learned Chief Judicial Magistrate-cum-Special Judge, Nagercoil (hereinafter referred to as 'the Special Judge'), whereby he refused to discharge the respondents, has preferred these special leave petitions.

(2.)Leave granted.
(3.)Short facts giving rise to the present appeals are that Respondent No. 1, N. Suresh Rajan, during the period from 13.05.1996 to 14.05.2001, was a Member of the Tamil Nadu Legislative Assembly as also a State Minister of Tourism. Respondent No. 2, K. Neelkanda Pillai is his father and Respondent No. 3, R.Rajam, his mother. On the basis of an information that N. Suresh Rajan, during his tenure as the Minister of Tourism, had acquired and was in possession of pecuniary resources and properties in his name and in the names of his father and mother, disproportionate to his known sources of income, Crime No. 7 of 2002 was registered at Kanyakumari Vigilance and Anti Corruption Department on 14th of March, 2002 against the Minister N. Suresh Rajan, his father, mother, elder sister and his bother- in-law. During the course of the investigation, the investigating officer collected and gathered informations with regard to the property and pecuniary resources in possession of N. Suresh Rajan during his tenure as the Minister, in his name and in the name of others. On computation of the income of the Minister from his known sources and also expenditure incurred by him, it was found that the properties owned and possessed by him are disproportionate to his known sources of income to the tune of Rs. 23,77,950.94. The investigating officer not only examined the accused Minister but also his father and mother as also his sister and the brother- in-law. Ultimately, the investigating agency came to the conclusion that during the check period, Respondent No.1, N. Suresh Rajan has acquired and was in possession of pecuniary resources and properties in his name and in the names of his father, K. Neelakanda Pillai (Respondent No. 2) and mother R. Rajam (Respondent No. 3) and his wife D.S. Bharathi for total value of Rs. 17,58,412.47. The investigating officer also came to the conclusion that Minister's father and mother never had any independent source of income commensurate with the property and pecuniary resources found acquired in their names. Accordingly, the investigating officer submitted the charge-sheet dated 4th of July, 2003 against Respondent No.1, the Minister and his father (Respondent No.2) and mother (Respondent No.3) respectively, alleging commission of an offence under Section 109 of the Indian Penal Code and Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. Respondents filed application dated 5th of December, 2003 under Section 239 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), seeking their discharge. The Special Judge, by its order dated 25th of September, 2009 rejected their prayer. While doing so, the Special Judge observed as follows:
"At this stage it will be premature to say that there are no sufficient materials on the side of the state to frame any charge against them and the same would not be according to law in the opinion of this court and at the same time this court has come to know that there are basic materials for the purpose of framing charges against the 3 petitioners, the petition filed by the petitioners is dismissed and orders passed to that effect."



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