V.SHANMUGAM Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The above Criminal Original petition has been filed invoking the powers of this Court under Section 482 of the Criminal Procedure Code to quash the FIR in Crime No 32 of 2017 on the file of the respondent.

(2.) The case of the petitioner is that he joined the Pondicherry Home guards in 1990 and joined duty in the police department on 30.06.1998 after being recruited through sports quota.The petitioner though posted in the traffic department (East) now, has been part of the Special Task Force, Crime Team (South) and has solved many cases involving murder, theft, lottery case. The petitioner has received several accolades including Rajiv Gandhi Award on 16.08.2016. According to the petitioner, he had earned several enemies in the department as during the course of his investigation in many cases, it came to light that several police officers are involved in various crimes and one such instance is when a series of theft was occurring in Puducherry in 2011, the petitioner and his STF (South) members arrested few accused, who, in turn, made startling revelations that they handed over the jewels and household articles to two members of STF (North) headed by the Sub-Inspector P.Ramesh and that his brother was also involved. Whileso, when he was under medical leave from February 2017 onwards, news articles were published on 31.03.2017 alleging the involvement of the petitioner with an incident which resulted in registration of the FIR in Crime No.32/2017, on the file of Mudaliarpet Police Station, Puducherry under Sections 7 and 8 of the Pondicherry Gaming Act and sections 420 r/w 34 IPC. On the strength of the FIR, the petitioner was dismissed from service without any notice on 06.04.2017. Contending inter alia that the petitioner has nothing to do with the case, that prima facie the contents in the FIR would not constitute any offence punishable under Sections 7 and 8 of the Pondicherry Gaming Act and that Section 420 r/w Section 34 IPC are not applicable and that the name of the petitioner has been included with malafide intention at the instance of few officers to wreck vengeance, the Criminal Original Petition has been filed.

(3.) Mr.Haja Nazirrudin, learned Senior Counsel appearing for the petitioner contended that the case of the prosecution is that the defacto complainant, i.e the Sub-Inspector of police received information that some persons are gaming in a house at 1st main Road, Thirumagal Nagar, Velrampet, Pondicherry and after intimating and getting permission from the Inspector, raided the premises along with 12 others, which included Special Task Force members and then registered the assailed FIR.