STATE Vs. G. JAYARAMAN

JUDGEMENT

(1.) These Criminal Original Petitions have been filed to set aside the order of Discharge, dated 01.03.2010, passed in Crl. R.C. Nos. 36 and 37 of 2003 by the learned Additional District and Sessions Judge, Fast Track Court, Pudukottai, confirming the order dated 13.05.2002, passed in C.M.P.Nos. 903 of 2001 and 424 of 2002, by the learned Judicial Magistrate, Pudukottai.

(2.) The respondent/Accused No. 1 was working as a Secretary at 174, Keeranur Agricultural Products Producers Co-operative Sale Society from 01.06.1978 to 08.11.1995. While the respondent was working as Secretary of the above-said Society, by using his official capacity, he misappropriated Rs. 2,65,380.50 and Rs. 54,050/- worth of Government properties entrusted to him. After noticing the said misappropriation, the competent authority filed a complaint before the petitioner/police for taking appropriate action against the accused persons. Accordingly, the petitioner registered the complaint against the accused persons. After conducting investigation, the petitioner filed charge sheets before the Judicial Magistrate Court, Pudukottai, which were taken on file in C.C.Nos. 755 and 756 of 2000, against which, on 09.03.2001, the respondent filed Discharge Petitions in C.M.P.Nos. 903 of 2001 and 424 of 2002. After elaborate discussions, the trial Court allowed the said petitions filed under Section 239 Cr.P.C., 1973 on 13.05.2002 and discharged the respondent/accused from the charges punishable under Sections 409 and 477(A) I.P.C.

(3.) Aggrieved by the same, the petitioner filed Revision Petitions in Crl.R.C.Nos. 36 and 37 of 2003 before the learned Additional District and Sessions Judge, Fast Track Court, Pudukottai. The learned Additional District and Sessions Judge, Fast Track Court, Pudukottai, allowed the said Revision Petitions on 20.06.2005, against which, the respondent filed Revision Petitions in Crl. R.C.Nos. 125 and 124 of 2006 before this Court. This Court, vide order dated 26.09.2007, allowed the Criminal Revision Petitions filed by the respondent and set aside the order passed by the learned appellate Judge in Crl. R.C.Nos. 36 and 37 of 2003 and remanded the Revisions to the lower appellate Court with a direction to the lower appellate Court to consider the materials available on record and pass appropriate orders in accordance with law. Thereafter, on 01.03.2010, the learned Additional District and Sessions Judge, Fast Track Court, Pudukottai, confirmed the order dated 13.05.2002, passed in C.M.P. Nos. 903 of 2001 and 424 of 2002 in C.C. Nos. 755 and 756 of 2000 by the learned Judicial Magistrate, Pudukottai and allowed the discharge petitions filed by the respondent.