Coimbatore: Stating that magistrate can discharge an accused only when a prima facie case was not made out against him or her, Madras high court has set aside a trial court order discharging former DMK minister K. Ponmudi from a decade-old landgrab case.
When a petition filed by DVAC came up for hearing Justice P. Velmurugan said, "that it is clear that the order passed by the III Additional Sessions Special Court, Chennai, is not in consonance with the well settled proposition of law".
He has to face the trial before the court now
‘Trial court order calls for interference of high court’
The Vigilance and Anti-Corruption Department of Cuddalore detachment case against Ponmudi, alleged that during his tenure as state minister for transport he had illegally grabbed land measuring 3,630 sq.ft. at North Avenue, Srinagar Colony, Saidapet, by means of fabricated documents in the name of his mother-in-law P. Saraswathi in registered sub-registrar office, Adyar, as if the plot was sold to Saraswathi by Kannappan for about Rs 8 lakh.
Subsequently, he constructed a house worth about Rs 35 lakh on the plot and has been residing in the house. Kannapan was forcefully evicted from the property, the prosecution alleged. In 2004, the DVAC, Chennai filed chargesheet against him and nine others under sections of Prevention of Corruption Act, 1988 and III Additional Sessions Court, Chennai, took up the matter for trial.
In another case, the prosecution alleged that he had acquired property in the names of his wife, sons and mother-in-law, which were disproportionate wherein all the others were included as benamies.
During commencement of trial Ponmudi filed a discharge petition in 2007 before the III Additional Sessions cum Special Judge, Chennai and the trial court discharged him from the case on April 26, 2007. Aggrieved over this DVAC filed a petition challenging the order. Trial court order warrants interference of this court and accordingly it is set aside, judge said.
