The court emphasized the necessity of judicial permission for transferring investigations and the legal framework surrounding official misconduct in criminal cases, protecting the integrity of investigative processes.

COMMON ORDER

Crl.O.P.No.2263 of 2025: This Original Petition has been filed to call for the records of the impugned unnumbered docket order dated 17.12.2024 passed by the Hon'ble Additional Chief Judicial Magistrate, Madurai which rejected the petitioner’s prayer to furnish a copy of the preliminary report filed by the respondent, in connection with FIR in RC0502024S0013 dated 08.08.2024.

Crl.O.P.No.4583 of 2025: This Original Petition, has been filed to call for the records of the impugned FIR in Crime No.RC0502024S0013 st dated 08.08.2024 on the file of the 1 respondent and quash the same as illegal.

PART-I Short background of the facts leading to these Petitions: -

1. The parties are referred as their rank in Crl.O.P. 2263 of 2025 for the sake of convenient discussion. The petitioner Mr.A.G. Ponmanickavel is a former Inspector General of Police who served in Idol Wing – CID in the State of Tamil Nadu and retired from service on 30.11.2018. He was appointed as a Special Officer to head the Idol Wing – CID, Chennai to deal with the cases of theft of idols and antiques in all stages for a period of one year subsequent to his superannuation on 30.11.2018 vide the order of this court passed in the two Public Interest Litigations in W.P.Nos.20392 & 20963 of 2018 to quash the order passed by the Government of Tamil Nadu in G.O.Ms.No.885, Home (Supreme Court) Department dated 01.08.2018. Through the said Government order the investigation of the cases relating to theft of idols and artefacts of various temples which were then investigated by a Special Team headed by the Joint Commissioner of Hindu Religious and Charitable Endowments Department, Mayiladuthurai, Nagapattinam District were ordered to be transferred to CBI.

2. Earlier, a common order came to be passed in Crl.O.P.Nos.8690 & 12060 of 2017 on 21.07.2017. Both the Criminal Original Petitions have been filed by persons who are public voices. The petitioner in Crl.O.P.No. 8960/2017 had alleged that the ancient idols in ancient temples in Thanjavur District worth several crores of rupees were moved and stocked unofficially against the H.R. & C.E. norms and the trustees along with the Executive Officers of H.R. & C.E. Department created records as though the idols are intact, when factually six idols out of which, five belonging to various temples were missing. Instead of keeping the idols in the ICON centre, they were kept in an unauthorised tunnel and also in a scrap room belonging to the Public Works Department. Despite numerous complaints have been given, no action was taken. As the sixth respondent therein is not the appropriate authority to investigate the offence of theft, directions have been sought.

3. The other petition in Crl.O.P.12060 of 2017 has been filed for seeking a relief to transfer the investigation of case in Cr.No.1 of 2017 on the file of the Idol Theft Wing – CID, Chennai to Crime Branch – CID, Chennai, for further investigation. The allegations made by the petitioner in Crl.O.P.No.12060/2017, is that the second respondent of this petitions namely Mr.Kader Batcha, the then Deputy Superintendent of Police, Subburaj, Inspector of Police and another police personnel, who formed part of the Idol Wing, came into possession of 6 idols during the course of their investigation of a case from one Arokiyaraj and sold the two of the idols namely Sivagami Amman Panchaloka Idol and one Siva and Parvathy Panchaloka Idol on a pedestal to Dinadayalan, to a notorious smuggler for Rs.15 Lakhs which in turn, were allegedly sold for Rs.6 Crores. Despite FIR has been lodged agai