Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
M. Muthiah Sthapathy & Others - Appellant
Versus
State Rep. by Inspector of Police, Sivakanchi Police Station, Kancheepuram & Others - Respondent
Crl.O.P. Nos. 28016 of 2017, 6069 of 2019, 22792 & 22793 of 2019 & Crl.M.P. Nos. 15938 & 15939 of 2017, 3385, 11887, 11889 of 2019
Decided On : 22-07-2022
Section 482 - Quashing of FIR - Summary of Acts and Sections: Section 156(3) of Cr.P.C, Right to Information Act, 2005, Section 29(1)(d) of HR&CE Act, Section 120B, 379, 380(2), 409, 420, 437 & 468 of I.P.C - The court discussed the application of Section 156(3) of Cr.P.C, Right to Information Act, 2005, and various sections of the IPC in the context of the case. The judgment also highlighted the importance of obtaining necessary sanction before prosecuting delinquent officials.
Fact of the Case:
The case involved a private complaint alleging misappropriation and breach of trust by HR & CE officials in connivance with sculptors, Sthanikars, and Chief Sthapathy of the HR&CE Department. The complaint alleged that money and gold were collected from devotees for making idols but were misappropriated. The investigation was initially ordered to be registered and investigated by the Judicial Magistrate under Section 156(3) of Cr.P.C.
Finding of the Court:
The court found that the Special Team investigating the case had deviated from the course of investigation and had not completed the investigation even after 4 years. The court also noted the importance of obtaining necessary sanction before prosecuting delinquent officials.
Issues: The issues included the alleged misappropriation and breach of trust by HR & CE officials, the role of the Special Team in the investigation, and the failure to complete the investigation within a reasonable time frame.
Ratio Decidendi: The court emphasized the need for proper investigation and the importance of following the procedure and guidelines of the Hon'ble Supreme Court. It also highlighted the requirement to obtain necessary sanction before prosecuting delinquent officials.
Final Decision: The court directed the re-transfer of the investigation to the Sivakanchi Police, with specific guidelines for re-investigation and completion within 90 days.
JUDGMENT
(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records & quash the First Information Report filed by the respondent in Crime No.727 of 2017 on the file of the respondent and pass order.
Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.727 of 2017 dated 10th December 2017 on the file of Inspector of Police, Sivakanchi Police Station, Kancheepuram, quash the same as against the petitioner.
Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings pending on the file of the respondent police in Crime No.727 of 2017 and quash the same.
Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings pending on the file of the respondent police in Crime No.727 of 2017 and quash the same.)
Common Order
1. These batch of petitions filed to quash the F.I.R in Crime No.727 of 2017 dated 10.12.2017 on the file of Sivakanchi Police Station. On the petition made by one Annamalai to register his complaint and investigate, the F.I.R came to be registered by the Sivakanchi Police Station pursuant to the order dated 28.11.2017 passed by the Judicial Magistrate-I, Kanchipuram, under Section 156(3) of Cr.P.C. The Sivakanchi Police, after registering the complaint, transferred the investigation to the Special Team appointed by the High Court to investigate the Idol Theft cases.
2. The sum and substance of the petition by Mr.Annamalai, which was taken up for investigation and under investigation till date, in brief:-
The Commissioner of HR&CE, vide proceedings No.54811 of 2015 dated 21.12.2015 issued order for making a new Panchaloka (Aimpon) Idol of 'Somaskandar' and 'Sivagami' with 5% gold, 1% silver, 12% brass, 80% copper and 2% lead weighing around 65 Kg. Totally, for making these two idols 5.750 kgs of gold, 1.800 kgs of silver, 13.800 kgs of brass, 91.350 kgs of copper and 33 kg of lead were ordered. The said order has been misused by Murugesan, the Executive Officer of the Ekambareswarar Temple, Kanchipuram and the Sthanikars of the temple Rajappan, Senthil, Krishnamoorthy, Sankaran, Bharath Kumar and Vinoth Kumar. Both Mr.Muthiah, the Chief Sthapathy and Masilamani Sthapathy on 31.12.2015 came to the Ekambareswarar Temple at Kanchipuram and without any receipts had collected crores of rupees and more than 100 kgs of gold from public, thereby committed fraud and breach of trust. The Somaskandar idol was casted without any gold by Masilamani Sthapathy. Further, the idols casted, not yet been verified and brought on record as per Section 29(1)(d) of HR&CE Act.
3. On 07.04.2016, one Kaviarasu, S/o Jayaraman of Kanchipuram, sought reply for certain queries under Right to Information Act, 2005 from the Executive Officer, Murugesan. In response, Murugesan gave his reply dated 10.05.2016 stating that, Temple has not spent gold for making idols. The donors, who are interested to donate gold were asked to donate it directly at the place of casting the idols. The Executive Officer Murugesan has also informed that the temple has not collected any donation for making the idols.
4. On 26.04.2017, another activist by name Dinesh sought for certain information about making of the idols and reply was sought for those queries. On 10.05.2016, the Executive Officer, Murugesan had informed that the new idols was sculpted by Masilamani Sthapathy and no officials from HR&CE department went to the sight of casting the idols. Money and gold were collected from donors under the pretext of including it while making the idols of Somaskandar and Sivakami by Stanikars, Sthapathy's and others in connivance of HR & CE officials, hence action sought against the known named persons and other unknown persons.
5. The petitions seeks to quash of the said FIR are filed by persons both named as well as un-named. The ground of malice is common in all these cases. Sp
The main legal point established in the judgment is the importance of following the proper procedure and obtaining necessary sanction before prosecuting delinquent officials.
The judgment emphasizes the need for a fair and thorough investigation, cautioning against exploiting concerns for heritage to settle personal grudges.
The court has the inherent power to transfer an investigation to another agency if it is satisfied that the investigation is not being conducted properly or fairly.
The court affirmed the principle that investigations should proceed without judicial interference at initial stages unless clear evidence of wrongful implication is presented.
The central legal point established in the judgment is the requirement for strong reasons, supported by material evidence, to cancel bail, especially when a person accused of a crime has been granted....
The court emphasized the need for thorough investigation to determine the identity and ownership of the suspected idols, and exercised its inherent powers sparingly.
Black money transaction - seeking investigation - Orders have been issued by Deputy Inspector General of Police without ascertaining factual details, Petitioner has not made any verification about co....
The need for thorough and expeditious investigations, considering the interconnected nature of the cases.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
