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