IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on

23.08.2022 15.11.2022 CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.OP.No.18504 of 2018 and Crl.M.P.No.9732 of 2018 and Crl.O.P.No.18650 of 2018 and Crl.M.P.No.9830 of 2018 M.Kavitha Additional Commissioner (Tiruppani), HR&CE Department W/o.Shri.P.Saravanan, No.12, Kapali Nagar, Mylapore, Chennai - 600 004. ... Petitioner / 1st Accused in both cases Vs.

1.State, Inspector of Police, Sivakanchi Police Station, Kancheepuram.

(Ref:Cr.No.341 of 2018 dt.14.07.2018)

2. Mr.A.Dillibabu ... Respondents in both cases Prayer in Crl.O.P.No.18504 of 2018: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.M.P.No.3256 of 2016 on the file of Judicial Magistrate No.I, Kancheepuram and set aside the order dated 25.06.2018.

Prayer in Crl.O.P.No.18650 of 2018:Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records to quash the FIR bearing Crime No.341 of 2018 on the file of the Inspector of Police, Sivakanchi Police Station, Kancheepuram as against the petitioner.

For Petitioner : Mr.A.Ramesh, Senior Counsel For Mr.G.R.Hari in both cases For R1 : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

in both cases.

For R2 : Mr.K.P.P.Raja Raja Chozhan, Legal-Aid-Counsel in both cases.

C O M M O N O R D E R The first accused is the petitioner herein. The petitioner is an Additional Commissioner.

2. (a)The petition is filed seeking to quash the order dated 25.06.2018 passed in C.M.P.No.3256 of 2018 which is filed under Section 156 (3) of Cr.P.C., directing the first respondent-police to register the F.I.R and to investigate the matter.

(b) The second respondent herein claims to be a 'Chalk Artist' by profession and he alleged that the renovation work of Ekambaranathar temple at Kancheepuram where carried out with JCB which according to the defacto-complainant (R2), is violation of law. It is further alleged that renovation work were funded by the Government. But the accused, a public servant have invited donations through temple website and those donations have been misappropriated. Though two crores rupees was estimated work, according to the petitioner, there is no substantiate value of the work order and also alleged that the funds released for renovation of work were misappropriated.

3. With these allegations, he has filed the Crl.M.P. No. 3256/ 2018 before the learned Judicial Magistrate No.I, Kancheepuram under Section 156 of Cr.P.C.

4. The learned Judicial Magistrate, Kancheepuram has passed order as under:-

"Complainant present. Petition and documents perused. There are probable questions to be investigated in this case. Hence the Inspector, Siva Kanchee Police Station, directed to register an F.I.R and investigate this matter as soon as possible."

5. Pursuant to the said order, it appears that the Inspector of Police has registered an F.I.R in Crime No.341 of 2018 against the petitioners M.Kavitha, Sivaji, Ramani, V.Murugesan, V.Balasubramani and Sthapathy R.Nandakumar for alleged offence under Section 120-B, 379, 380(2), 409, 420, 437 and 468 of I.P.C.

6. In the said petition, the defacto-complainant placed reliance upon the Judgment of Madurai Bench of this Court in Crl.O.P.(MD)No.5044 of 2011 in Thangarasu Vs.Assistant Commissioner dated 28.03.2017 for the proposition on the footing that no prior sanction is required for prosecution of public servants.

7. The above mentioned decision has been overruled by the Hon'ble Supreme Court in Anil Kumar V M.K. Aiyappa (2013) 10 SCC 705 as discussed infra.

8. Mr.A.Ramesh, learned Senior Counsel appearing for the petitioner/first accused could contend that the averments in the petition under Section 156 (3) Cr.P.C does not have foundational facts or basic details and none of the allegations point the accusation against the petitioner towards the commission of alleged crime. The petition is full of omnibus allegations. This Court relies upon the decision of the Hon'ble Suprem