Madrasdated High Court · 2025

Crl.O.P.No.22377 of 2025ORDERThe petitioner who is A3 in Crime No.1/AC/2018/CC-V for offence under Sections 120-B, 420, 467, 468, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, has filed this Quash Petition.2.Brief facts of the case is that the 2nd respondent lodged a complaint to 1st respondent Police who registered FIR in Crime No.1/AC/2018/CC-V against the petitioner and six others A1/Former Vice-Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai, A2/Professor & Head of Department, A3/Registrar, A4/Deputy Registrar, A5/Associate Professor and Deputy Registrar, A6/Administrative Officer/Controller of Examination and A7/Director of School of Excellence in Law of the Tamil Nadu Dr.Ambedkar Law University. In this case, the Hon'ble Governor/Chancellor rejected the request for sanction of prosecution against A1/Former Vice-Chancellor and the same was communicated to the Secretary to Government (Legal Affairs), Law (LS) Department, Secretariat, Chennai vide Letter No.6086/U1/2021 dated 27.10.2023. As regards A2 to A7 are concerned, the Syndicate of Tamil Nadu Dr.Ambedkar Law University being the competent authority declined sanction for prosecution. Page No.2 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025At this stage, the present Criminal Original Petition is filed.3.Learned Senior Counsel appearing for the petitioner submitted that this Court on a petition filed by Dr.K.S.Sarwani/A2 in Crl.O.P.No.14035 of 2023 and W.P.No.19689 of 2023 by order dated 11.07.2024 recorded the Syndicate of Tamil Nadu Dr.Ambedkar Law University declining sanction for prosecution and directed the Director of Vigilance and Anti Corruption to process the case by taking into account the resolution of the Syndicate and closed the petitions. Earlier, the petitioner and other accused filed anticipatory bail before this Court in Crl.O.P.Nos.10351 of 2018 batch and this Court by order dated 13.04.2018 recorded the facts of the case in detail and granted anticipatory bail to the petitioner with certain conditions and one of the condition is that the accused, who are having passport, shall surrender the same before the Special Court for the cases under Prevention of Corruption Act, Chennai and the same was complied with. Following the order passed by this Court in W.P.No.19689 of 2023 on 11.07.2024, Dr.K.S.Sarwani/A2 filed Crl.M.P.No.13502 of 2024 in Crl.O.P.No.9946 of 2018 wherein this Court on 01.10.2024 directed the Special Court to return the passport of Dr.K.S.Sarwani/A2. Thereafter, another petition in Page No.3 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025Crl.R.C.No.523 of 2025 was filed by Dr.K.S.Sarwani/A2 for similar prayer, this Court recorded the previous proceedings and also the fact that now the case against the petitioner (Dr.K.S.Sarwani/A2) therein in Crime No.1/AC/2018/CC-V dropped and in view of the same, the passport which was surrendered as a condition for anticipatory bail, to be returned to the petitioner (Dr.K.S.Sarwani/A2) therein.4.He further submitted that this Court on more than one occasion recorded denial of sanction for prosecution against A1/Former Vice-Chancellor by the Hon'ble Governor/Chancellor and against A2 to A7 by the Syndicate. The Syndicate being the competent authority constituted a three member Committee under the Chairmanship of a retired Judge of this Court to examine all the materials available on record and place a report before the Syndicate for passing appropriate resolution on the sanction prosecutions. The Committee submitted a report on 08.08.2022 and recommended that the Syndicate need not accord the sanction for prosecution. The Syndicate in its 179th meeting held on 16.08.2022 perused the report and resolved to decline the request for sanction of prosecution against the officials of the Law University and the same was conveyed to the Secretary to Government, Law Page No.4 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025Department vide University Lr.No.7472/Regr/Estt(T)-A2/2022 dated 18.08.2022. In view of the above position, FIR in Crime No.1/AC/2018/CC-V serves no purpose except for being flagged against the petitioner and other accused. This flagging causes innumerable sufferings and affects their career prospects. The Professors of the University used to visit various Education Institutions and other Universities in India and abroad participating seminars and delivering lectures. Due to flagging, they are now seldom called. Further, the detention of the passport is also creating hindrance since they could not undertake travel in short time. This Court considering the same to quash the FIR in Crime No.1/AC/2018/CC-V which has no more relevance and force.5.Learned Additional Public Prosecutor appearing for the respondent Police submitted that earlier the Hon'ble Governor/Chancellor declined sanction for prosecution against A1/Former Vice-Chancellor and the same was communicated to the Director, Vigilance and Anti-Corruption, Chennai in Letter No.967/S/P/LS/2021 dated 25.10.2024. The Secretary to Governor further sent a letter to the Secretary to Government (Legal Affairs), Law (LS) Department, Secretariat, Chennai vide Letter No.6086/U1/2021 dated Page No.5 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 202527.10.2023 stating that the Hon'ble Governor has denied the request for sanction of prosecution against A1/Former Vice-Chancellor. He further submitted that as regards A2 to A7, the Syndicate of Tamil Nadu Dr.Ambedkar Law University is the competent authority to accord sanction for prosecution. The Syndicate constituted a three member Committee under the Chairmanship of a retired High Court Judge to examine all the materials available on record and place a report before the Syndicate for passing appropriate resolution. The Committee considered all the materials and submitted its report on 08.08.2022 and recommended that the Syndicate need not accord the sanction for prosecution. The Syndicate in its 179th meeting held on 16.08.2022 accepted the report after deliberation and conveyed its decision to decline the request for sanction of prosecution against the officials of the Law University and the same was conveyed to the Secretary to Government, Law Department vide University Lr.No.7472/Regr/Estt(T)-A2/2022 dated 18.08.2022. Following the same, the Government took a decision to close further action against A1/Former Vice-Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai, A2/Professor & Head of Department, A3/Registrar, A4/Deputy Registrar, A5/Associate Professor and Deputy Registrar, A6/Administrative Page No.6 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025Officer/Controller of Examination and A7/Director of School of Excellence in Law of the Tamil Nadu Dr.Ambedkar Law University in Crime No.1/AC/2018/CC-V and the same was communicated to the Director, Vigilance and Ant-Corruption, Chennai vide Letter No.967/S/P/LS/2021 dated 20.11.2025. 6.Considering the rival submissions and on perusal of the materials, it is seen that in this case, FIR in Crime No.1/AC/2018/CC-V, dated 22.03.2018 registered against A1/Former Vice-Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai, A2/Professor & Head of Department, A3/Registrar, A4/Deputy Registrar, A5/Associate Professor and Deputy Registrar, A6/Administrative Officer/Controller of Examination and A7/Director of School of Excellence in Law of the Tamil Nadu Dr.Ambedkar Law University. 7.The Secretary to Governor by communication dated 27.10.2023 in Letter No.6086/U1/2021 stated that the Hon'ble Governor-Chancellor has denied the request for sanction of prosecution against A1/Former Vice-Chancellor, Tamil Nadu Dr.Ambedkar Law University, Chennai. In the said Page No.7 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025letter, 179th Syndicate meeting held on 16.08.2022 and the report of the Committee constituted for sanction of prosecution against A2 to A7 all considered, thereafter, the sanction for prosecution declined for A2 to A7. This communication was forwarded to the Secretary to Government (Legal Affairs), Law (LS) Department, Secretariat, Chennai as well as to the Director, Vigilance and Anti-Corruption, Chennai.8.The Syndicate of Tamil Nadu Dr.Ambedkar Law University being the competent authority for A2 to A7, in his wisdom had formed a committee headed by a retired Judge of this Court. This committee studied the materials in depth, thereafter, submitted its report dated 08.08.2022 recommending that the Syndicate need not accord sanction for prosecution to A2 to A7. The Syndicate in its 179th meeting held on 16.08.2022 perused the report and resolved to decline the request for sanction for prosecution. 9.Now the Secretary to Government, Law (LS) Department, Secretariat, Chennai by Letter No.967/S/P/LS/2021 dated 20.11.2025 directed the Director, Vigilance and Anti-Corruption, Chennai to close further action against A1 to A7 in Crime No.1/AC/2018/CC-V. Scanned Page No.8 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025reproduction of the same is as follows:Page No.9 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025Page No.10 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 202510.In view of the above, further action is dropped against all the accused in Crime No.1/AC/2018/CC-V, dated 22.03.2018 on the file of the respondent. Hence, nothing survives in FIR in Crime No.1/AC/2018/CC-V dated 22.03.2018 on the file of the respondent and the same is hereby quashed.11.Since the FIR in Crime No.1/AC/2018/CC-V dated 22.03.2018 is quashed, the passport and any other documents of the petitioner and other accused, which were surrendered before the Special Court for the cases under Prevention of Corruption Act, Chennai pursuant to the Anticipatory Bail order passed by the Court, all to be returned to them on filing appropriate petition along with this order copy. The learned Special Judge, Special Court for cases under the Prevention of Corruption Act, Chennai can return the passport and any other documents of the petitioner and other accused, dispensing notice to the respondent.Page No.11 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 202512.In the result, this Criminal Original Petition is allowed.24.11.2025Index:Yes/NoSpeaking Order/Non-Speaking Order vv2To1.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Chennai City III, Chennai-600 016.2.The Public Prosecutor, Madras High Court.Copy To:The Special Judge, Special Court for cases under the Prevention of Corruption Act, Chennai.Page No.12 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22377 of 2025M.NIRMAL KUMAR, J.vv2Crl.O.P.No.22377 of 202524.11.2025 Page No.13 of 13