S. Vimala, J.

1. The filing of a private complaint on 18.07.2013 by the defacto complainant/2nd respondent, against a Public Servant (the petitioner herein) without obtaining sanction from the competent authority, b) order by the learned Chief Judicial Magistrate, Nagercoil dated 21.08.2013 and consequent registration of FIR in Crime No. 9 of 2014 by the Inspector of Police, Vigilance and Anti Corruption, c) the investigation conducted by the 1st respondent, are claimed to be illegal and abuse of process of Court and on these grounds, the petitioner seeks directions to quash the same.

2. The specific contentions with regard to filing of private complaint, direction issued by the Magistrate for registration and investigation of the case and the process of investigation itself are under challenge and the details of challenge are as under:

(a) the complaint is not maintainable since it is not supported by an affidavit;

(b) the direction for investigation is invalid as it is made without application of mind; the learned Magistrate has ordered forwarding of the complaint for investigation under Section 156(3) of the Code of Criminal Procedure, without satisfying about the prima facie case, being made out;

(c) As per the directions issued by this Court in Crl.O.P. No. 17898 of 2012 dated 01.04.2013, the complaint by the 2nd respondent in C.M.P. No. 644 of 2012 was dismissed with a liberty to file fresh complaint with valid sanction order and therefore, another complaint, which was entertained without the sanction order is clearly barred under Section 362 of Cr.P.C.;

(d) the materials collected do not make out commission of the offence punishable under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and hence, the final report filed is illegal;

(e) before taking cognizance of the offences under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, the learned Magistrate, without application of mind, has ordered issuance of summons.

Brief Facts:

3. The complainant was working as Commercial Inspector at Karungal Tamil Nadu Generation and Distribution Corporation, Kanniyakumari Electricity Distribution Circle, Kuzhithurai from 23.08.2008 to 29.11.2011. The accused was working as Superintending Engineer from February 2008 to January 2012. The accused transferred the defacto complainant to Keelakrishnamputhoor on 12.12.2011. On 14.12.2011, the complainant has gone to the residence of the accused and expressed his difficulties in working at Keelakrishnamputhoor. The accused demanded a bribe of Rs. 50,000/-, in order to comply with the request for re-transfer. On the same day, the letter for re-transfer was given. As the complainant was not ready to pay the bribe demanded, he reported the matter to the Vigilance and Anti-corruption Police Station. The authorities demanded proof of demand. Thereafter, the complainant visited the house of the accused with a pen camera and after negotiation, he paid a sum of Rs. 20,000/-. The accused directed him to put it in a photo stand. Evidence on this aspect was produced before the Police. This incident was allegedly witnessed by one Christopher of Paloor Village. As there was no action, the complaint was sent by a registered post on 06.03.2012, which was acknowledged on 10.03.2012. No action has been taken till date. Hence, Crl.O.P. 15124 of 2015 was filed seeking direction to the respondent to register a case and investigate. The accused is a Public Servant under Section 2(1)(e) of the Prevention of Corruption Act, 1988.

4. The 2nd respondent originally filed a private complaint in C.M.P. No. 642 of 2012 on 25.04.2012 before the Chief Judicial Magistrate, Nagercoil, Kanniyakumari District. Learned Chief Judicial Magistrate, Nagercoil passed an order forwarding the complaint to the Inspector of Police, Vigilance and Anti-corruption to register a case and investigate. Accordingly, case was registered in Crime No. 10 of 2012 on 06.07.2012 against the petitioner in respect of