A petition for further investigation may be dismissed if the petitioner fails to utilize the liberty granted by the court to challenge the denial of sanction in the appropriate forum, especially when the investigating agency has recommended departmental proceedings or dropping of action.

Prayer : Criminal Original Petition filed u/s.528 of BNSS to direct the 3rd respondent Deputy Superintendent of Police to conduct further investigation in connection with the Crime No.7/2017 on the file of the 3rd respondent police and to complete the same by filing Final Report against all the proposed accused therein, in the light of the orders of this Court in Crl.OP.(MD).Nos.15875/2016 and 17227/2019 dated 20.10.2016 and 29.11.2019.

For Petitioner : Mr.M.J.Shabu Jose

For Respondents : Mr.B.Nambi Selvan

Additional Public Prosecutor

O R D E R

(1)This petition is filed by the petitioner to direct the 3rd respondent Deputy Superintendent of Police to conduct further investigation in connection with the Crime No.7/2017 on the file of the 3rd respondent police and to complete the same by filing Final Report against all the proposed accused therein, in the light of the orders of this Court in Crl.OP.(MD).Nos.15875/2016 and 17227/2019 dated 20.10.2016 and 29.11.2019.

(2)The petitioner is a former Municipal Councilor at Palayapettai, Tirunelveli Municipality. The petitioner, from the reliable sources, learnt that some candidates who did not possess necessary and prescribed eligibility, were given admissions to Post Graduate Degree courses, M.A.[English] and M.Phil [English], at Manonmaniam Sundaranar University, during the academic years 2011-12 to 2014-15, in violation of the admission procedure then in vogue. The petitioner states that one N.Periyadurai, lodged a criminal complaint on 15.03.2016 against one Dr.P.K.Kalyani, Professor-cum-Head of the Department of English of the aforesaid University and based on the complaint, a detailed enquiry was conducted by the 3rd respondent, on the orders of the 2nd respondent-Director. The 3rd respondent, after completing the investigation, submitted a Draft Final Report to the Government seeking sanction as against 20 proposed accused since they were all Government servants. The petitioner further states that the Government sought sanction of the University for prosecution of the named 14 accused / proposed accused. The University initially accorded sanction for prosecution of two accused, namely, Dr.P.K.Kalyani and Dr.S.Prabahar.

(3)Pursuant to such sanction, Spl.CC.No.7/2019, came to be filed before the learned Chief Judicial Magistrate, Special Court for Trial Cases, Tirunelveli, against the aforesaid persons for the offences u/s.120[B], 167, 465, 468, 471 of IPC and 13[2] read with 13[1] and [d] [1&2] of the Prevention of Corruption Act, 1988. Thereafter, the complainant filed Crl.OP.(MD).No.9091/2019, before this Court seeking direction to the respondents to file the charge sheet in Cr.No.7/2017, in accordance with law within the time stipulated by this Court. This Court, by order dated 26.06.2019, disposed of the said Original Petition by recording the submission of the Investigating Officer that the Final Report would be filed within a period of three months.

(4)The petitioner states that thereafter, series of litigations including contempt petitions ensued and the charge sheets came to be filed in Spl.CC.Nos.5, 6,7 and 8 of 2021, before the learned Chief Judicial Magistrate, Special Court for Trial Cases, Tirunelveli, against the aforesaid two accused for the offences u/s.120[B], 167, 465, 468, 471 of IPC and u/s.13[2] r/w 13[1] and [d][1&2] of the Prevention of Corruption Act. The second accused, namely, Dr.S.Prabahar, filed Crl.OP.(MD).Nos.19909, 19912, 19913, 19915/2021, to quash the charge sheets filed against him in CC.Nos.5, 6, 7 & 8/2021, and the 1st accused, Dr.P.K.Kalyani, also filed Crl.OP.(MD).No.3610/2022, to quash the charge