A second prosecution for the same offense and facts is barred by the principles of double jeopardy. Furthermore, post-trial commencement, investigating agencies cannot conduct further investigations or file supplementary reports without obtaining explicit judicial leave, and proceedings initiated on patently erroneous premises may be quashed to prevent abuse of process.

COMMON ORDER

1.Both the criminal original petitions have been filed praying to quash the proceedings in Spl.C.No.2 of 2025 on the file of the learned Special Judge for Prevention of Corruption Act Cases, Villupuram. 2. The petitioner in Crl.OP.No.32572 of 2025 is arrayed as A1 and the petitioner in Crl.OP.No.32655 of 2025 is arrayed as A4. The case of the prosecution is that the 1st accused namely R.Radhakrishnan was working as Junior Assistant in M-4 Section of District Adi Dravidar Welfare, Villupuram during the alleged period of years 2009 to 2010. 3rd & 4th Accused, namely Boominathan and Senthil Kumar were former Principals of Sri Adhi Sakthi Industrial School, Anandhapuram and Kamban Industrial School, Koliyanur respectively during the said period. For the disbursal of the Post Matric Scholarship to SC/ST student during the academic year 2009-2010, the 1st accused, with criminal intention to misappropriate the scholarship fund, had criminally conspired with accused 3 and 4 to obtain personal gain to each other. In furtherance of such conspiracy, the third accused created bogus claim application supported with forged documents in the name of fictitious students and received Rs.1,56,900/- on 28.12.2010 for the academic year 2009 to 2010 as if the students were undergoing education in his institution namely Sri Adi Sakthi Industrial School, Anandhapuram. But actually, the said Institution was not a recognized one. The 1st accused, having knowledge of the bogus claim application supported with the forged document made by the Petitioner / 4th Accused, illegally sanctioned and transferred the post matric scholarship amount of Rs.2,25,960/- on 28.12.2010 in the name of the Principal of Kamban Industrial School, Koliyanur, a non recognized institution run by 4th Accused and for which, the 1st Accused has obtained illegal gratification other than legal remuneration from him. In the course of the above said process, the 1st accused wantonly failed to verify the claim made by the accused 3 & 4 with respect to the document submitted by both of them and failed to consider the recognition of the educational institution run by them and treated the forged documents as genuine one and by using those documents, framed incorrect records of pass order and forwarded the same for drawing proceeding for disbursal. Hence, final report was filed against the 1st accused u/s 167, 120-B, 409, 420, 468, 471, 477-A of IPC & sections 13 (2) r/w 13 (1) (c), 13(1) (d) of Prevention of Corruption Act, 1988 and against the accused 3 & 4 under sections 120B, 420, 468 & 471 IPC, pursuant to which the trial court had taken cognizance and framed charges as follows:

Al and A2 were entrusted with the scrutiny / verification, preparation and processing of the claim applications received from the educational institutions for Post Matric Scholarship awarded to uplift the educational status of the scheduled caste / scheduled tribe students.

For the disbursal of the Post Matric Scholarship to SC/ST student for the year 2009-2010, the accused here in, with an intention to misappropriate the scholarship fund had criminally conspired together to have personal gain to each other, have committed the following Acts, to with Al and A2, being public servants and are entrusted with verification and processing the disbursal of the claim applications to post matric scholarships, having knowledge of the bogus claim application supported with forged documents, dated 5.3.2010 for Rs.2,05,000/- made by A3 for 73 fictitious students for the academic year 2009-2010 as if those students are undergoing education on the respective trade in his institution when actually those trades were not recognized, Al and A2 having obtained illegal claim other than legal remuneration from A3, have wantonly failed to verify the claim of A.... respect to the community certificate, income certificate of the students and the recognition of the trade imparted by A3's Institution, while processing his claim