JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records to quash the FIR No.14/2021 on the file of the 1st respondent pending disposal of the above Criminal Original Petition.)

1. The present Criminal Original Petition has been filed seeking to quash FIR.No.14 of 2021, which at the time when the present petition was filed had been registered by the District Crime Branch, Coimbatore. The said FIR had been registered against the petitioner who was the only accused for commission of alleged offences under Sections 408 and 420 IPC and under Sections 13(1)(c), 13(1)(d)(i), 13(1)(d)(ii), 13(1)(d)(iii) and 13(1)(e) of the Prevention of Corruption Act, 1988.

2. Taking a ground that the offences alleged under the Prevention of Corruption Act, 1988 against a public servant should be enquired into only by the Vigilance and Anti-/Corruption Department and therefore seeking to quash the FIR, the present petition had been filed.

3. The present petition had been heard on various occasions and on 08.06.2021, a learned Single Judge of this Court when urged to grant stay of investigation, had declined to grant stay and in the course of the said order, had also observed that the alleged offences, were at that point of time, being investigated by the Vigilance and Anti-Corruption Department. As a matter of fact, the learned Single Judge had actually observed that the investigation in Crime No.14 of 2021 had actually been transferred to the Vigilance and Anti-Corruption Wing.

4. Aggrieved that stay had not been granted, the petitioner herein had approached the Hon'ble Supreme Court in S.L.P.Crl.No.4665 of 2021. By order dated 23.07.2021, the Hon'ble Supreme Court directed this Court to dispose of the present petition within a period of two months from the time when the petitioner files an application for expeditious disposal of the case.

5. Accordingly, the petitioner herein had filed Crl.M.P.No.8433 of 2021 on 17.08.2021 to dispose of the case as directed by the Hon'ble Supreme Court.

6. Today, heard arguments advanced by Mr.C.Emilias, learned counsel appearing on behalf of the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the 1st respondent.

7. It must be mentioned that the 1st respondent/Investigating Agency is the Vigilance and Anti-Corruption, Coimbatore. The defacto complainant, the Regional Director of Municipal Administration and Regional Vigilance Officer, Tiruppur had been impleaded as the 2nd respondent.

8. Before going into the points advanced by the learned counsels on either side, let me enter into a small discussion on the facts of the case.

9. The petitioner herein was the Municipal Commissioner in Valparai Municipality. He was responsible for awarding contracts for various public works to be done under the aegis of the said municipality.

10. It must also to be noted that the Model Code of Conduct had come into effect owing to the general elections being announced for the State Legislature Assembly in the State of Tamil Nadu on 26.02.2021. On and from 26.02.2021, it was expected and as a matter of fact, it had been directed and it was hoped that every public servant would follow the mandate of the Election Commission and also the Model Code of Conduct namely, not to indulge in any fresh contracts or not to indulge to make payments for the existing contracts. If works were under way, they can be proceeded only with specific permission of the Election Commission. The petitioner as the Municipal Commissioner, Valparai Municipality, came under the direct control of the District Collector, Coimbatore.

11. It must also be mentioned that the District Collector was also the District Election Commissioner. He was responsible to maintain the Model Code of Contact under the area in his jurisdiction.

12. The entire episode started, with a letter addressed by the District Election Officer/District Collector on 26.03.2021 in Letter No.5688/21/J4, wherein, in his official