S.Rajendran vs The State Rep. By
2021 Latest Caselaw 23525 Mad

                                                           1          CRL.O.P.(MD)NO.13623 OF 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 01.12.2021

                                                        CORAM

                        THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P.(MD)No.13623 of 2021 and
                                        CRL.M.P.(MD)Nos.7098 & 7100 of 2021

                     S.Rajendran                               ... Petitioner / Sole Accused

                                                               Vs.

                     1. The State rep. By,
                        The Inspector of Police,
                        Vadipatti police station,
                        Madurai District.
                       (Crime No.6 of 2013)                    ... Respondent / Complainant

                     2. S.Meenakshi,
                        Inspector of Postal,
                        Solavandhan Sub Division,
                        Vadipatti,
                        Madurai District.         ... Respondent /
                                                        Defacto Complainant

                                  Prayer: Criminal Original petition is filed under Section
                     482 of Cr.P.C, to call for the entire records pertaining to the
                     case in C.C.No.10 of 2021 pending on the file of the learned
                     Judicial Magistrate, Vaidpatti, Madurai District and quash the
                     same.
                                  For Petitioner    : Mr.A.Kesavan
                                  For Respondents : Mr.T.Senthil Kumar,
                                                    Additional Public Prosecutor.

                                                     ***
https://www.mhc.tn.gov.in/judis
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                                                         2        CRL.O.P.(MD)NO.13623 OF 2021



                                                       ORDER

This criminal original petition has been filed to quash the

proceedings in C.C.No.10 of 2021 on the file of the Judicial

Magistrate, Vadipatti, Madurai District.

2. The petitioner is facing trial for the offences under

Sections 409, 468, 471 and 420 of I.P.C. The petitioner was an

employee of the Postal Department. During the relevant time,

the petitioner is alleged to have misappropriated the amounts

deposited by the customers. According to the petitioner, there

was a short fall and that he had made good the same. The

occurrence had taken place way back in the year 2009. Only in

the year 2013 First Information Report was registered and the

final report was filed some eight years later.

3. The petitioner's counsel would state that without

obtaining sanction under Section 197 of Cr.P.C., cognizance of

the offences had been taken.

https://www.mhc.tn.gov.in/judis

3 CRL.O.P.(MD)NO.13623 OF 2021

4. I am not persuaded by the aforesaid submission of the

learned counsel appearing for the petitioner. As rightly

pointed out by the learned Additional Public Prosecutor,

sanction under Section 197 of Cr.P.C. will be required, only if

the offence in question was committed in the course of

discharge of one's official duty. The person concerned must be

removable only by the Government. The petitioner was

employed only as a postmaster. Committing misappropriation

cannot be termed as part of one's official duties. Section 197

of Cr.P.C. will not apply to the petitioner's case.

5. Leaving open all the contentions and the defences of

the petitioner, this criminal original petition is dismissed. The

petitioner is said to be already retired from his service. His

personal appearance before the Court below is dispensed

with. However, the petitioner has to appear before the Court

below on the following three occasions:-

i) To answer the charges,

ii) at the time of examination under Section 313 of Cr.P.C.

and

iii) at the time of pronouncement of Judgment.

https://www.mhc.tn.gov.in/judis

4 CRL.O.P.(MD)NO.13623 OF 2021

The petitioner also will have to appear when his presence is

insisted upon by the trial Court and on all other occasions, the

petitioner can be represented by his counsel. If the

petitioner's counsel also fails to appear, the benefit of this

order will stand vacated automatically. Consequently,

connected miscellaneous petitions are closed.

                                                                                        01.12.2021

                     Index           : Yes / No
                     Internet        : Yes/ No
                     PMU

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Judicial Magistrate, Vadipatti, Madurai District.

2. The Inspector of Police, Vadipatti police station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis

5 CRL.O.P.(MD)NO.13623 OF 2021

G.R.SWAMINATHAN,J.

PMU

Crl.O.P.(MD)No.13623 of 2021

01.12.2021

https://www.mhc.tn.gov.in/judis