KADER BATCHA Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Mr.Kader Batcha, while he was serving as Inspector of Police, was arrayed as additional accused in Crime No.114 of 2005 for the alleged offences under Ss. 193, 196, 213, 217 and 218 of I.P.C and Sec. 19 of Prevention of Corruption Act r/w 120-B and r/w 34 I.P.C and Sec. 3 and 25(1) of Antiquities and Art Treasures Act, 1972, pursuant to the further investigation.

(2.) A fresh case also registered against him in Crime No.1/2017 by the Special Team headed by Mr.A.G.Ponn Manickavel, Inspector General of Police, for offences under Ss. 392 r/w 397 I.P.C, 331, 168, 506 (i and ii) 348, 468 r/w Sec. 5 of Antiquities and Art Treasures Act of 1972, Ss. 166-A (a), (b) and (c) of I.P.C r/w 166 r/w 27 of Arms Act, 1959. Being aggrieved, this petition is filed under sec. 482 of Cr.P.C for the relief stated above.

(3.) According to the petitioner regarding theft of 13 idols from Palavoor Temple, a case in Crime No.114/2005 was registered on 19/06/2005 much prior to the petitioner joined the idol wing team as Inspector. After he joined the Idol wing team in the year 2006, he continued the investigation in Crime No.114/2005 and filed the final report in the year 2008 against 8 accused. Out of 13 idols stolen, 4 were recovered from the possession of one Deenadayalan, who is arrayed as the 8th accused in the final report. The report was taken on file as C.C.No.2/2008 and the trial underway.