The Madras High Court has set aside the charge sheet pending against M S Jaffar Sait, Director General of Police, CB CID, before the Special Court for Cases under the Prevention of Corruption Act here, last week.
Justice P Rajamanickam quashed the final report while allowing a criminal original petition from Sait.
The charge sheet was filed alleging that the petitioner, an IPS officer, while working as Inspector General of Police, Intelligence, at Chennai between 2008 and 2010 and at other places, along with six other accused, had hatched a criminal conspiracy to abet each other in the commission of the offence of criminal breach of trust and the offence of criminal misconduct in connection with the allotment of plots under the government discretionary quota (GDQ) to the petitioner and his family members.
In pursuance of the conspiracy, the petitioner got a plot in Kamaraj Nagar in Thiruvanmiyur under the GDQ vide a GO dated April 4, 2008.
A case was registered by the DVAC for offences under Sections 109, 120(B), 409 IPC and 13(2) r/w 13(1) (c) & (d) of the Prevention of Corruption Act against the petitioner and other six accused.
Accepting the contentions of Jaffar Sait, the judge observed that since the petitioner is an IPS officer, for prosecuting him under the provisions of Prevention of Corruption Act, a sanction has to be obtained under Section 19 of the PCA. For prosecuting him for the IPC offences also, another sanction is a must as per Section 197 of Cr.P.C. But no such sanction was obtained from the appropriate authority. The trial court should not have taken the case on file without the production of the sanction order.
The trial court, however, had taken the case on file based on the request made by the DVAC. But, the competent authority had denied nod for the prosecution.
“Hence, this Court is of the view that the continuance of the proceedings against the petitioner would amount to abuse of process of court,” the judge said.