his is a petition under Section 528 of the BNSS , 2023 filed by the first accused seeking to quash a FIR in Crime No 2 of 2023 on the file of the respondent DVAC.

The Facts

2. At the relevant time material to this case, the petitioner was serving as the Commissioner of Pallavaram Municipality. B ased on a complaint by a certain Anbalagan, now deceased, dated 27.03.2017 the first respondent has held a preliminary enquiry and proceeded to obtain an approval as is mandated under Sec.17A of the PCA vide proceedings dated 21.12.2021 and chose to register the FIR against five individuals for offences under Section 120- B , 406, 409 IPC and Section 13 (2) r/w 13(1)(c) of the Prevention of Corruption Act, 1988 . In terms of the FIR, three-pointed allegations are made against the petitioner in combination with other accused. They are:

a) When the petitioner (A1) was the Commissioner of Pallavaram Municipality, he had awarded a contract to M/s.Deepthi Enterprises, arrayed as A3, which is a proprietary concern, to clean the toilets of 11 municipality-run schools for the year 2015-2016. This contract was awarded to the proprietrix of A3 concern without following the tender procedure envisaged