A VIVEKANANDAN Vs. INSPECTOR OF POLICE; MOHAMMED AZIZULLAH

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in C.C. No.4974 of 2013 on the file of the XI Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.

(2.) On the complaint given by the Executive Engineer and Administrative Officer, K.K. Nagar Division, Tamil Nadu Housing Board on 26.11.2008, a case in Crime No.1 of 2008 was registered by the CB-CID and after completing the investigation, final report in C.C. No.4974 of 2013 has been filed before the XI Metropolitan Magistrate, Saidapet, Chennai, for offences under Section 120-B and 109 read with Sectioni 467, 468, 471 and 420 IPC, against 8 accused, challenging which, A. Vivekanandan (A8), formerly Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, is before this Court.

(3.) It is the case of the prosecution that a prime land measuring 4.95 acres was acquired by the Tamil Nadu Housing Board and compensation was paid to Rajalakshmi (A1). After having received the compensation, Rajalakshmi (A1), in connivance with the other accused, including the officials of the Tamil Nadu Housing Board, fabricated documents and cheated Tamil Nadu Housing Board by selling the acquired property to three persons, viz., V. Thulasidoss, N.Saraswathy and C. Vijayalakshmi, as if they are the absolute owners. Thorough investigation was conducted by the CB-CID and Vivekanandan (A8) also was found part of the conspiracy. The allegations levelled against Vivekanandan, as stated in the final report, are as under: