K.SHIVA KUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition under Sec. 528 of the BNSS, 2023 filed by the first accused seeking to quash a FIR in Crime No 2 of 2023 on the file of the respondent DVAC.

(2.) At the relevant time material to this case, the petitioner was serving as the Commissioner of Pallavaram Municipality. Based on a complaint by a certain Anbalagan, now deceased, dtd. 27/3/2017 the first respondent has held a preliminary enquiry and proceeded to obtain an approval as is mandated under Sec.17A of the PCA vide proceedings dtd. 21/12/2021 and chose to register the FIR against five individuals for offences under Sec. 120-B, 406, 409 IPC and Sec. 13(2) r/w 13(1)(c) of the Prevention of Corruption Act, 1988. In terms of the FIR, three-pointed allegations are made against the petitioner in combination with other accused. They are:

(3.) The FIR registered by the respondent is now under challenge, and the grounds are: