T.GAJENDRAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the case in Crime No.4 of 2017, for the offences under Ss. 457(2), 380(2) and 202 I.P.C., and subsequently, altered into Ss. 457(2), 380(2), 201, 202, 403, 409, 468 r/w 120(B) I.P.C., and Sec. 25(1) of the Antiques and Art Treasures Act, 1972, by the respondent police based on the complaint given by the second respondent.

(2.) The case of the prosecution is as follows:

(3.) The learned counsel for the petitioner submitted that the petitioner is cited as first accused in Crime No.4 of 2017. The allegation in the FIR is that Arulmigu Pasupatheeswarar Sivan Temple is situated at Pandhanallur. The idols at Arulmigu Pasupatheeswarar Sivan Temple were not placed at Strong Room built in Nageswaraswamy Temple at Kumbakonam. In the year 2013, the third accused Kamaraj, was taking charge as Executive Officer in Arulmigu Pasupatheeswarar Sivan Temple, Pandhanallur. The idols belonging to Arulmigu Viswanatha Thirukovil, Keezhamanakudi viz., Vinayagar, Pusphakarani, Valli, Theivanai, Chandrasekar Amman, Astro Devar and another Vinayagar idol belonging to Rengarajapuram Idumbeswarar temple were missing. But he did not inform the missing of the above said idols to the Hindu Religious and Charitable Endowments Department. But, on 13/9/2013, while taking charge, he gave certificate that all idols are available and he did not give any complaint for missing of the above said six idols. At that time, the petitioner/Accused No.1 viz., T.Gajendran, was working as Joint Commissioner of said Department at Mayiladuthurai, having control over Arulmigu Pasupatheeswarar Sivan Temple, Pandhanallur and another Assistant Commissioner viz., Gnanasekaran, HR and CE Department at Kumbakonam is also having knowledge about the missing idols, but did not disclose the missing of the above said six idols and further alleged in the complaint that the persons responsible for the missing of idols, are: (1) T.Gajendran, Joint Commissioner, HR& CE Department, Mayiladuthurai, (2) Gnanasekaran, Assistant Commissioner, Kumbakonam, (3) Kamaraj, Executive Officer, Arulmigu Pasupatheeswarar Temple, Pandanallur, (4)Raja, S/o.Krishnadass, Head Clerk, Arulmigu Pasupatheeswarar Temple, (5) Pasupathi Pillai, Trustee, Shree Pasupatheeswarar Temple (6) Monohar Pillai, Trustee, Shree Pasupatheeswarar Temple, (7) Ramachandran, Previous Executive Officer (8) Saravanan, Computer Operator (9) Jagathesh Gurukkal at Pasupatheeswarar Temple, Pandanallur, (10) Sekar Kurukkal, Shree Pasupatheeswarar Temple and other temple staffs.