IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

AND

CRL MP NO. 23252 OF 2025

A.Vivekanandam

S/o.Arikrishnan, No.19, Kurinji Nagar,

Annai Indira Street, Lawspet,

Puducherry-605 008.

Petitioner(s)/A1

Vs

1. The State of Tamilnadu by,

The Station House Officer,

Vigilance and Anti Corruption, Puducherry. Cr.No.0014/2025.

2.Daynand Tendolkar

Block Development Office,

Villianur Block, Puducherry. VAC PS (Vigilance and Anti

Corruption), Puducherry.

Respondent(s)

CRL MP No. 23252 of 2025

1. A.Vivekanandam

S/o.Arikrishnan, No.19, Kurinji Nagar,

Annai Indira Street, Lawspet,

Puducherry-605 008.

Petitioner(s)

Vs

1. The State of Tamilnadu by, The

Station House Officer,

Vigilance and Anti Corruption, Puducherry. Cr.No.0014/2025.

2.Daynand Tendolkar Block Development Office, Villanur Block, Puducherry. VAC PS (Vigilance and Anti Corruption), Puducherry.

Respondent(s)

PRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to call for records pertaining to Crime No.0014 of 2025 dated 29.09.2025 on the file of the respondent police and quash the same.

For Petitioner(s): Mr.M.Gnanasekar For Respondent-1: Mr.M.V.Ramachandramurthy Public Prosecutor (Puducherry)

O R D E R

The petitioner/A1 in Crime No.14 of 2025 being investigated by the respondent had filed this quash petition.

2.The contention of the learned counsel for petitioner is that on the complaint of Block Development Officer, Villianur on 29.09.2025, the above case was registered. Earlier on the complaint made by the Superintendent of Police, Vigilance and Anti-Corruption, Puducherry, charge memo issued against the petitioner and the petitioner was facing departmental enquiry in the year 2022. The petitioner already submitted his explanation on 11.07.2022 denying the charges and in respect of the same allegations, now the Block Development Officer, Villianur had given a complaint to the respondent-police and a case in Crime No.14 of 2025 registered for offence under Sections 109, 201, 420, 468, 477-A of I.P.C. r/w 34 of I.P.C. and Sections 13(1)(a) r/w 13(2) of the Prevention of Corruption Act, 1988. The alleged date of occurrence is in the year 2022 and the complaint was given with a delay of three years, i.e., on 29.09.2025. The petitioner not received any money or cheated any one as alleged in the complaint. The petitioner not sanctioned a cheque in favour of the beneficiaries/fabricators, hence the complaint of de-facto complainant is false. Further the de-facto complainant is the only authority to sanction and issue the cheque amount to the beneficiaries/fabricators. To escape from the misdeeds committed by the de-facto complainant, a false complaint lodged against the petitioner.

3.He further submitted that the petitioner is a Junior Engineer attached to Block Development Office, Ariyankuppam, Puducherry and project implemented during 16.12.2016 to 16.06.2021. Earlier charge memo was on 07.07.2023 and the petitioner is facing departmental enquiry. After the petitioner's reply, no further progress in the departmental enquiry. On the other hand, with the same charges identical to the departmental enquiry present complaint lodged. The petitioner in execution of Swachh Bharath Mission (Gramin) Scheme is only to ensure that the toilets in the villages are properly constructed and thereafter it is for the Block Development Officer to release the amount. It is the Panchayat Level Federation official, who have to oversee the constructions and identify the Contractors/beneficiaries and release the amount. As regards the petitioner, the petitioner to oversee the fabrication work done by the fabricators and the amount is released by Panchayat Level Federation. The petitioner has no financial power to handle the money at any point of time and there is no intention to show that there was any meeting of minds or conspiracy or petitioner abetted the other named persons in the F.I.R. Hence, prayed for quashing of the F.I.R.

4.The learned Public Prosecut