Overview
- Justice R.N. Manjula of the Madurai bench allowed A.G. Pon Manickavel’s plea and set aside the CBI chargesheet.
- The court found the FIR and chargesheet disclosed no material to sustain the offences and were filed without the prior concurrence required by a 2018 High Court order, with a bar also noted under Section 195 CrPC.
- The CBI action stemmed from a complaint by police inspector Kader Batcha, later arrayed as an accused, relating to the theft of 13 idols from Palavoor temple in Tirunelveli.
- Prosecutors had cited IPC Sections 167, 193, 195A, 196, 211, 218 and 506, but the judge said there was nothing to show the officer fabricated documents or coerced witnesses.
- The judgment warned that premature proceedings against investigating officers could chill lawful probes and noted that victims of genuine abuse have remedies, while recording the magistrate’s refusal to share the CBI’s preliminary enquiry report sought by Pon Manickavel.