COMMON ORDER

These petitions have been filed to quash Spl.C.C.Nos.4, 1 and 2 of

2021 on the file of the Chief Judicial Magistrate, Pudukkottai, against the petitioners.

2. Since the all the three cases are arising out of same crime number, these petitions are heard together and common order is passed.

3.The number of the petitions, the names & ranks of the petitioners and Spl.C.C numbers are as follows:-

4. The case of the prosecution is that at the time of occurrence, A1 to A3 were working as officials at Pudukkottail Sub-Division, PWD (C&M), Pudukkottai, and A4 to A6 were the independent contractors. All the accused are said to have colluded together, without executing the works properly, prepared forged documents as if the works were executed as per the Measurement Book and claimed amounts based on the forged document and criminally misappropriated the amount of Rs.3,01,277.64/- for their personal gain and caused loss to the Government to the tune of Rs.3,01,278/- during the period from 2016 to 2017. Thereby, the petitioners and the other accused are said to have committed the offences of cheating, criminal misappropriation, criminal misconduct and abetment. Hence, the respondent police registered a case in Crime No.5 of 2019 for the offences punishable under Sections 420, 467, 468, 471, 109 and Sections 13(1)(c), 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. After completion of investigation, they filed final report before the Judicial Magistrate, Pudukkottai, and the same were taken on file in Spl.C.C.Nos.4, 1 and 2 of 2021. Challenging the same, these petitions have been filed.

5. A2, the Assistant Executive Engineer, Town Section, Pudukkottai Sub Division, PWD (C&M), Pudukkottai, has filed a quash petition before this Court in Crl.OP(MD)Nos.1326, 1327, 1329, 1331 and 1332 of 2022 on the grounds that there was no manipulation of measurement in the Measurement Book and hence, consequential misappropriation of amount is not correct. The District Collector, the District Judge and the other officials have visited the site during the course of construction activities and all gave a positive report about the completion of works, which were mentioned in the contract. Therefore, there was no manipulation in the Measurement Book and the amount was disbursed for the works done by the contractor namely, the petitioner (A2). This Court perused the entire volumes of records and gave findings that there was no manipulation in the Measurement Book and misappropriation. Hence, quashed the proceedings in Spl.C.C.Nos.1,2,3,4 and 5 of 2021, as against A2.

6. Challenging the same, the respondent police filed an appeal in S.L.P.(Crl.) Diary No.30080 of 2023 before the Hon'ble Supreme Court of India and the same was also dismissed on 05.12.2023. Now, the petitioners herein have filed a quash petition, on the basis of the order passed by this Court, in the above Crl.OP(MD)Nos.1326, 1327, 1329, 1331 and 1332 of

2022.

7. The learned counsel for the petitioners submitted that this Court in Crl.OP(MD)Nos.1326, 1327, 1329, 1331 and 1332 of 2022 made a detailed discussion and also obtained a report from the District Collector, the District Judge and the other officials that the works were completed as per the norms of the government and there is no manipulation in the Measurement Book as alleged in the complaint.

8. The learned counsel for the petitioners in all petitions pleaded that the petitioners are innocent contractors and they only discharged their duties as per the direction of the officials. They also received the amount only for the works, which had already been completed as per the norms and directions of both the Higher Officials and the Revenue Officials. Therefore, they seek to quash the