ORDER

The case of the petitioner is that, his private complaint filed under Section 200 Cr.P.C. before the learned Judicial Magistrate No.II, Nagercoil, is pending for want of sanction to prosecute the accused persons since they are public servants, viz., the Additional Superintendent of Police and Inspector of Police. Hence, the Writ Petition seeking Mandamus to direct the Government to accord sanction under Section

197 Cr.P.C. to prosecute them.

2.In the affidavit filed by the petitioner, it is stated that the land measuring 17.400 cents was leased to him by one T.Selvam for a period of one year after receiving Rs.32 lakhs as loan. Without repaying the loan amount, the said T.Selvam tried to dispossess him hence, civil suit filed and pending. While so, on 22.05.2012 the said Selvam and 20 others trespassed into the bar run by the petitioner in the said land, attacked the Manager and damaged properties worth Rs.2,66,450/- and also gave life threat. In this connection, he gave a complaint to the Police, but they did not take action against the perpetrators of the crime. Therefore, he forwarded his complaint to the D.I.G., Tirunelveli, by post and same was received and complaint in Crime No.916 of 2012 was registered by the Vadasery Police Station under Sections 147, 448, 323, 294(b) and 379 (NP) of I.P.C. r/w. Section 3(1) of TNPPDL Act, 1992.

3.Instead of taking appropriate action on his complaint, under the guise of investigation, he was called to the Office of Deputy Superintendent of Police at Thalavaipuram on 10.01.2013 and threatened to withdraw the complaint made in F.I.R.No.916 of 2012. Therefore, he preferred complaint before the Nesamani Police for commission of offence under Sections 120-B, 147, 166, 506(ii), 500 r/w. 149 I.P.C. against the accused in Crime No.916 of 2012 and the Police Officials, who forced him to withdraw his complaint. The said complaint was registered in Crime No.57 of 2014, on the file of the Inspector of Police, Nesamani Nagar Police Station. Since the case was against Police Official of the rank of Deputy Superintendent of Police, the Investigation was transferred to the Additional Superintendent of Police, Nagercoil. Since the Investigating Officer and the accused Baskaran/D.S.P. were close friends, the petitioner herein sought for transfer of investigation to some other Officers and as per the direction of the Hon'ble Supreme Court in S.L.P.(Cri.)No.4199 of 2017, dated 12.12.2017 the investigation was entrusted to Thiru.N.K.Stanley Jones, Additional Superintendent of Police, for further investigation of Crime No.57 of 2016 registered on the complaint given by this petitioner.

4.Meanwhile, on 29.05.2015, the petitioner has filed a private complaint under Section 200 Cr.P.C against the Police Officials namely, Ilangovan, Additional Superintendent of Police and Rajesh, Inspector of Police alleging abuse of their official position and for creating false statements of witnesses, leading to closure of his complaint as mistake of fact. Since the complaint was not taken on file for want of sanction, he filed W.P.(MD)No.1521 of 2018 seeking direction to the Government to accord sanction. The said Writ Petition was disposed with direction to the Government to consider the representation and pass orders within six weeks. Thereafter, the Government has passed the impugned order dated 11.09.2018 informing the writ petitioner that the Government will consider his request after final report in Crime No.57 of 2018 under investigation by the new Investigation Officer.

5.This said order is under challenge in this Writ Petition on the ground that the private complaint can proceed independent of the outcome of the investigation in Crime No.57 of 2014, since the facts are different and distinct. While the learned Judicial Magistrate after perusal of the private complaint, found prima facie material to proceed with the complaint and granted time to the complainant to get sanction to prosecute. Therefore, the role of