Madras HC judge recalls part of order quashing case against IPS officer Sait

Justice P Rajamanickam, who had passed the order on May 23 quashing the charge sheet, said, “In view of the observations made in the order passed, the oral order which was dictated in the open court with regard to withdrawal is hereby recalled.”

“The said criminal original petition may be posted before the regular court along with the memo filed by the counsel for the petitioner dated May 23, 2019,” the judge added.

The 2016 plea was filed by the officer on the ground that after the Central Government declined to grant sanction, the proceedings against him cannot be continued. The present petition at High Court was filed on the basis that even though Directorate of Vigilance and Anti-Corruption (DVAC) has filed a memo enclosing a copy of the order of the Centre, the trial court has not passed any order.

By virtue of the charge sheet being quashed, the 2016 petition moved by Sait has been rendered infructuous. But as per the procedure, the judge before whom the case is on file must be informed about the quashing of the charge sheet and the case formally withdrawn to avoid technicalities.

The criminal case filed against Sait relates to the alleged loss caused by him to the Tamil Nadu Housing Board in connection with the allotment of a residential plot in his wife’s name under the Government Discretionary Quota.

Justice Rajamanickam had quashed the charge sheet based on the aspect that no court shall take cognisance of an offence alleged to have been committed by a public servant, except with the previous sanction of the competent authority. He said in the absence of the sanction, the continuance of the proceedings against the officer would amount to abuse of process of court.