NIJAM SHAH A. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is accused No.2 in C.C. No.1636/2015 on the file of Judicial First Class Magistrate, Kattakkada instituted on Annexure-I private complaint filed by second respondent for commission of offences punishable under Sections 379, 381, 454, 414 read with Section 34 of the Indian Penal Code,1860(for short, 'the IPC '). Petitioner was working as a Bench Clerk in Judicial First Class Magistrate, Kattakada. Second respondent had filed C.C. No.490/2013 against the third respondent for prosecuting him for offence punishable under Section 138 of the Negotiable Instruments Act,1881(for short, 'the NI Act ') before the very same court.

(2.) The allegation against the petitioner is that while third respondent was yet to appear in C.C.No.490/2013 and the case was omitted to be called in one of the postings, it came to be noticed that the entire case bundle was missing. Warrant ordered by the court as against the third respondent was yet to be prepared for being sent for execution. According to the second respondent, the petitioner and third respondent so conspired together and committed theft of the records in C.C. No.490/2013 missing that third respondent could be screened from prosecution and saved from the charge under Section 138 of NI Act.

(3.) The court below took cognizance of offences punishable only under Sections 120B , 381 and 201 IPC, despite the complaint having been instituted with respect to offences punishable under Sections 379 , 381 , 454 , 414 read with Section 34 IPC.