M. Subramanian v. State Rep. by The Inspector of Police
2016-03-17
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : This petition has been filed to call for the records pertaining to the case in C.C. No. 66 of 2015 pending before the learned Judicial Magistrate No.II, Ramanathapuram and quash the same. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3. On reading of the final report, it is seen that this petitioner worked as Gowdown Incharge between 14.05.2008 and 12.11.2009, during which time, he seems to have released 4050 cement bags to Contractors thereby he caused loss to the tune of Rs.9,35,550/-. 4. Learned counsel for the petitioner submitted that the Contractors have not been made as accused and however, Government has withheld the payment payable to the Contractors. Learned counsel for the petitioner also submitted that prosecution has been launched without sanction. 5. In the considered opinion of this Court, disputed question of facts cannot be looked into in a petition filed under Section 482 Cr.P.C. Just because Government has retained the money payable to the Contractors that will not absolve the petitioner from criminal liability, having committed the breach of trust in handing over the cement bags illegally to the Contractors. Further, for offences under Sections 409 and 420 IPC, no sanction is contemplated, as it does not fall within the official duty of a Government Servant to committee IPC offences. 6. In the result, this petition is devoid of merits and the same is dismissed with liberty to the petitioner to raise all these points before the Trial Court. Consequently, connected miscellaneous petitions are closed.