The High Court allowed a Criminal Original Petition accepting prima facie illegality in the final report for failing to obtain sanction under Section 197 Cr.P.C. for prosecuting the petitioner, a public servant, leading to the quashing of charges.
Charge against the petitioner was quashed as no sanction to prosecute was obtained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 12.03.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Criminal Original Petition No.8353 of 2016
P.Chandira, M.E., (MBA) (BGL)., Assistant Engineer, Highways, Nabard and Rural Roads, Panruti, Cuddalore District. ..Petitioner/Accused 2 /versus/
1.The Inspector of Police, First Thermal Power Station, Neyveli, Cuddalore District.
2.The Inspector of Police, Pudhupet Police Station, Cuddalore District.
3.Thiru.Ramanujam The Director General of Police, Chennai
4.Mrs.Radhika The former Superintendent of Police, Cuddalore District
5.Thiru.Venkatraman, The Director, Vigilance and Anti-Corruption Department, Chennai.
6.Thiru.Paramasivam, The former General Manager, First Thermal Power Station, Neyveli.
7.Thiru.Sureshbabu, The Former General Manager, First Thermal Power Station, Neyveli.
8.Thiru.Thangapandian, The Director (Power) Neyveli Lignite Corporation, Neyveli.
9.Thiru.Subramanian, The Chief General Manager, First Thermal Power Station, Neyveli.
10.Thiru.A.R.Ansari,
The Former Chairman-cum-Managing Director, Neyveli Lignite Corporation, Neyveli.
11.Thiru.Surendra Mohan,
The Former Chairman-cum—Managing Director, Neyveli Lignite Corporation, Neyveli.
12.Thiru.Shivraj Shingh, The Chief Vigilance Officer. Neyveli Lignite Corporation, Neyveli.
13.The Joint Director, Inspector of Factories, Semmandalam, Cuddalore.
14.Thiru.Sureshkumar, The District Collector,Cuddalore.
15.Thiru.Ponnselvan,
The Superintending Engineer(H), Construction and Maintenance, Villupuram.
16.Thiru.Muthu,
The Executive Director, The Transparency Officer, Neyveli Lignite Corporation, Neyveli.
17.Thiru.Sekar, The Divisional Engineer(H), Nabard and Rural Roads, Cuddalore.
18.Thiru.Pugalenthi, The Divisional Engineer(H), Construction and Maintenance, Cuddalore.
19.The Director General of Police, Chennai. .. Respondents
Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the respondents to submit the report about the incidents happened in First Information Report (FIR) No.261/13 filed by the second respondent in C.C.No.38/2015 which was transferred by the Principal District Court, Cuddalore in Tr.C.M.P.No.4786/14 from the Judicial Magistrate Court-II, Panruti in C.C.No.41/14 to the file of District Munsif cum Judicial Magistrate, Neyveli and consequently quash the complaint in the crime numbers and direct Nineteenth respondent to offer job to four ladies, deceased's wives in the suitable position.
For Petitioner :Mr.P.Chandira
party-in-person
For Respondent :Mr.K.Prabakaran,APP
O R D E R
This Criminal Original Petition is filed by one Tmt.Chandira, Assistant Engineer, Highways, Nabard and Rural Boards, Panruti, Coimbatore as party-in-person.
prosecution ought to have been obtained by the prosecution as per Section 197 Cr.P.C., which was not deliberately obtained by the investigating officer, due to certain personal animosity.
Sd/Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ari To 1.The Inspector of Police, First Thermal Power Station, Neyveli, Cuddalore District.
2.The Inspector of Police, Pudhupet Police Station, Cuddalore District.
3.Thiru.Venkatraman, The Director, Vigilance and Anti-Corruption Department, Chennai.
4.Thiru.Thangapandian, The Director (Power) Neyveli Lignite Corporation, Neyveli.
5.Thiru.Subramanian, The Chief General Manager, First Thermal Power Station, Neyveli.
6.Thiru.Shivraj Shingh, The Chief Vigilance Officer. Neyveli Lignite Corporation, Neyveli.
7.The Joint Director, Inspector of Factories, Semmandalam, Cuddalore.
8.Thiru.Sureshkumar, The District Collector, Cuddalore.
9.Thiru.Ponnselvan, The Superintending Engineer(H), Construction and Maintenance, Villupuram.
10.Thiru.Muthu, The Executive Director, The Transparency Officer, Neyveli Lignite Corporation, Neyveli.
11.Thiru.Sekar, The Divisional Engineer(H), Nabard and Rural Roads,Cuddalore.
12.Thiru.Pugalenthi, The Divisional Engineer(H), Construction and Maintenance, Cuddalore. 13.The Director General of Police, Chennai.
14.The Judicial Magistrate II, Panruti.
15.The Public Prosecutor, High Court, Madras. 16.The District Munsif cum Judicial Magistrate, Neyveli, Cuddalore. 17.The Principal District Judge, Cuddalore +1cc to Ms.P.Chandira Party in person Sr.nO.18585 sm:27.3.2018
Crl.O.P.No.8353 of 2016
1 issue framed by the court
Whether the petitioner can be prosecuted without obtaining sanction under Section 197 Cr.P.C.
2 provisions across 1 enactments
P.Chandira
Inspector of Police, Pudhupet Police Station
Dr.Justice G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
