C O M M O N O R D E R

Tmt.N.Thirumagal [A2] and Thiru.M.Muthiah Sthapathy [A3] are the two petitioners before this Court through these petitions filed under Section 482 of Cr.P.C., seeking quash of the complaint dated 23.07.2018, which is under investigation in Crime No.5 of 2018 on the file of the 1st respondent police, which is a specialized Investigating Agency for Idol theft Cases.

2. The 1400 years old peacock stone idol carrying flower in its beak, noticed missing from the Sannathi of Punnaivananathar along with the idols of 'Ragu' and 'Ketu' at Navagraha Sannathi inside the Kapaleswarar Temple, Mylapore, Chennai is the fulcrum of the complaint under investigation in Crime No.5 of 2018. Since, it is presumed that the old antique idols were taken away and replaced with new idols during the consecration (Fk;ghgpN\fk;) conducted in the year 2004, the Chairman of the consecration (Fk;ghgpN\fk;) Committee, the Executive Officer of the Temple, the Chief Sthapathi of the State are suspected in this case.

3. The prosecution case is that, one Mr.Rangarajan Narasimhan a resident of Srirangam, Trichy, claiming to be a litigant in Public Interest and had also evinced interest in protecting the heritage of the Nation, had come to now that in Sri Kapaleeswarar Temple, Mylapore Chennai, idol of Lord “Parvathi” in the form of peacock was with a flower in its beak been stolen by replacing the original one with a new idol on the day before consecration (Fk;ghgpN\fk); of the Temple performed in the year 2004. He had asserted in the complaint that the original idol of Lord “Parvathi” in the form of peacock with flower in its beak is now been replaced by a new idol of peacock carrying a snake in its beak. During his visit to the temple, his attempt to take photographs of the idol presently in the Sannathi is prevented by officials of Hindu Religious and Charitable Endowments (hereinafter referred as “HR&CE”), who are guarding the sanctrum santorum (rd;djp).

4. He understands that, records are being erased by the insiders of the temple. During his visits to the Temple, he gathered from Archagars and regular visitors of the Temple and other HR&CE employees that the replacement of the idol took place in the year 2004, a day consecration before Fk;ghgpN\fk;. In the complaint, three persons including the two petitioners who are before the court and one Mr.Venu Srinivasan are named. That apart, he also suspects other nn known Temple Officials as persons involved in the act of replacement of the old idol of peacock carrying flower in its beak with a new idol with peacock carrying snake in its beak, on the day before Fk;ghgpN\fk; held in the year 2004. Suspecting that, without the knowledge of the Executive Officer (A2) such replacement could not have happened, hence he has sought for registration of the case without any preliminary enquiry. That apart, he has warned the recipient of the complaint that refusal to register his complaint will amount to commission of cognizable offence and advised no preliminary investigation is required on his complaint as per the order of the Hon’ble Supreme Court in (2014) 2 SCC 1 reported in LalitaKumari -vs- Government of Uttar Pradesh dated 12.11.2013 and requested to register F.I.R and investigate.

5. Considering the content, warning and advice as found in the complaint and extracted above, the complaint received on 23.07.2018 at about 18.30 hours was taken for investigation by registering Crime No.5 of 2018 under Section 403, 406, 409, 202 read with 120B of I.P.C, 1860, without preliminary inquiry.

6. Submission on behalf of the petitioners:-

The Learned Counsels for the petitioners submitted that the tenor of the complaint by Mr.Rangarajan Narasimhan itself prima faciely show that, it has been generated with an oblique motive and malice. The complaint about a incident alleged to have occurred 14 years ago been registered without a preliminary enquiry against high esteemed members of the society succumbing to the vei