V. Sivakumar v. State of Tamilnadu Rep by Inspector of Police, Ccb

ORDER The present criminal original petition has been filed the 6th accused in C.C.No.242 of 2013, on the file of the Judicial Magistrate Court No.1, Tirunelveli District, seeking to quash the charge sheet, wherein he is charged with the offences under Sections 463, 464, 467, 468, 471 & 420 of IPC.

¶2A perusal of the charge sheet reveals that the petitioner who is working as an Assistant Executive Engineer in Tamil Nadu Electricity Board has proceeded to give electricity service connection to A1 and A2, relying upon the NOC (No Objection Certificate) said to have been given by the defacto complainant.

¶3A perusal of the charge sheet further reveals that the defacto complainant's father had passed away and the NOC (No Objection Certificate) has been fabricated as if the defacto complainant has no objection whatsoever for giving electricity service connection to A1 and A2, relying upon the said NOC (No Objection Certificate), A5 who is a technical assistant is said to have provided electricity service connection based upon the recommendation made by A6.

¶4According to the learned counsel appearing for the petitioner herein, they were not party to the fabrication of the document and and in good faith, relying upon the said NOC (No Objection Certificate), they have provided the electricity service connections

¶5Per contra, learned counsel appearing for the 1st respondent submitted that officials of the Electricity Board ought to have verified the documents before providing electricity service connection.

¶6I have heard the learned counsel appearing for the petitioner and perused the material records of the case.

¶7The petitioner herein, who is an Assistant Executive Engineer is said to have recommended for providing electricity service connection to A1 and A2, based upon the NOC (No Objection Certificate) said to have been issued by the defacto complainant. It is clear that the petitioner herein was not aware of the fact that NOC (No Objection Certificate) was fabricated by A1 and A2.

¶8In such circumstances, continuation of the criminal proceedings as against the petitioner would only be an abuse of process of law, especially in the light of Section 168 of the Electricity Act.

¶9In such view of the matter, the charge sheet in C.C.No.242 of 2013 on the file of the Judicial Magistrate Court No.1, Tirunelveli District, stands quashed. Accordingly, criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. It is made clear that the concerned Court shall dispose of the criminal case on or before 31.12.2026.

08.07.2026 Index : Yes / No Internet : Yes / No rgm To:

¶1The Judicial Magistrate Court No.1, Tirunelveli District.

¶2The Inspector of Police, CCB Tirunelveli City, Crime No.31 of 2010.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR

, J.

rgm Crl.O.P(MD).No.22769 of 2025 and Crl.M.P(MD)No.19694 of 2025

08.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.22769 of 2025 and Crl.M.P(MD)No.19694 of 2025 V.Sivakumar ... Petitioner Vs 1. The State of Tamil Nadu, Rep., by the Inspector Of Police, CCB Tirunelveli City, Crime No.31 of 2010. 2. G.Sundaravel ... Respondents PRAYER: To call for the records pertaining to the Impugned C.C.No.242 of 2013 on the file of the Judicial Magistrate Court No.1, Tirunelveli District in so far as the petitioner/Accused No.6 is concerned and Quash the same as illegal and pass such further orders. For petitioner : Mr.N.Arjun Kumar For R1 : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) For R2 : Mr.Ravishankar