V THIAGARAJAN Vs. STATE

JUDGEMENT

(1.) 1 A-1 has preferred the revision in Crl. R.C. No. 1490 of 2007 challenging the order passed by the learned trial Judge dismissing the petition filed for discharge dated 31.08.2007 in Crl. M.P. 321 of 2007 in C.C. No. 5 of 2006. 1.2 A-2 has come forward with the petition to quash the proceeding in Crl. O.P.No. 16711 of 2007 and the quashing petition was admitted on 12.06.2007 and while the same was pending, A-2 preferred a petition of discharge before the learned trial Judge in Crl. M.P. No. 441 of 2007 in C.C. No. 5 of 2006 and the same was dismissed by the learned trial Judge by the order dated 10.09.2007 and against that he has preferred the revision in Crl. R.C. No. 1656 of 2007. 1.3 A-3 has preferred the revision in Crl. R.C. No. 708 of 2007 challenging the order of dismissal of the discharge petition passed by the learned trial Judge dated 13.03.2007 in Crl. M.P. No. 67 f 2007 in C.C. No. 5 of 2006.

(2.) IN all these matters, this court has not granted any stay of the proceedings in view of Section 19(3) (c) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") as the petitioners have also been implicated for the offence under Sections 13 (2) read with 13 (1) (d) of the Act and as such the charges were framed against the petitioners on 25.09.2007 and the case is pending for trial.

(3.) THE sum and substance of the allegation against the petitioners is to the effect that the petitioners along with another accused Narayanasamy (A-4) and the approvers/claimants, viz. Velliangiri and Ponnusamy, and the approver, Dr. Paramasivam who is said to have issued medical bills and certificates, have hatched a conspiracy during the period from January 2000 to December 2001 at Erode, Kangeyam, and Dharapuram and other places in Tamil Nadu as A-1, along with the other accused and approvers, to cheat the UIIC in the matter of settlement of third party claims of compensation relating to the approvers Velliangiri, Ponnusamy and Narayanamy (A-4) and in pursuance of the conspiracy A-1, Thiagarajan, misusing or abusing his official position fraudulently and dishonestly settled third party motor accident claims of the approvers, Velliangiri, Ponnusmay and Narayanasamy (A-4) through compromise settlement by negotiating with them knowing fully well that the Motor Accident Claims were not genuine, the documents submitted in support of these claims wee forged and thus caused wrongful loss of an amount of Rs. 4,90,000/- to the UIIC and also wrongfully obtained pecuniary gain to themselves.