V A K ENGINEERING PVT LTD Vs. STATE

JUDGEMENT

(1.) THE petitioner herein is the owner of property on whose representation, the District Collector caused enquiry and preferred a complaint. A case has been registered in Crime No. 4 of 1998 by the CCB against one A.R. Sridharan then Village Administrative Officer (V.A.O), Adambakkam Village and others. On finding substance in the complaint, which informed of the first accused, a V.A.O, who while functioning towards fulfilling the purpose of the Abolition of Ryotwari Act, fabricated false government records, which were within his control to reflect the position that he and his family members were the owners of large extent of lands. A charge sheet has been filed for offences under Sections 120(b), 465, 467,468 read with 471,466 and 420, 167 and 109 IPC. THE case is now pending trial in C.C. No. 321 of 2002 on the file of the learned Judicial Magistrate, Poonamallee No. II. THE petitioner before us is the de facto complainant and what it is contended on his behalf that the offences committed by the first accused would also attract punishment under the provisions of Prevention of Corruption Act, 1988.

(2.) MR. N.R. Elango, senior counsel would rely upon the decision of the Hon'ble Apex Court M. Narayanan Nambiar v. State of Kerala MR 1963 SC 1116:1963-II-LLJ-660: (1963) 1 MLJ (Crl) 581 wherein, while dealing with a case under the old Act (The Prevention of Corruption Act, 1947), the Apex Court in circumstances where a public servant by abusing his position had assigned certain extents of government land without revealing the fact that the assignee was his brother-in-law and had made certain false entries in the relevant records, found offences committed under 5(i)(d) of the Prevention of Corruption Act, 1947. In such case, the Apex Court held as follows at pp. 584 & 585 of MLJ (Crl):