A R BALASUBRAMANIAN Vs. V PALANI

JUDGEMENT

(1.) THIS revision petition has been directed against the order of the First Class Magistrate No. II, Pondicherry, overruling the preliminary objection raised by the petitioner in Cri. M. P, 1585 of 1965 before him and directing the respondents herein to conduct prosecution in C. C. 460 of 1967 under Section 495 (1) Cri. P. C.

(2.) THE facts are briefly these : One Mrs. Gamier filed a complaint against the revision petitioner and two others for offences of criminal misappropriation, criminal breach of trust and cheating and dishonestly inducing delivery of property and falsification of accounts before the First Class Magistrate, Pondioherry. After recording the sworn statement of the complain-ant, the Inspector of Crime Branch Pondicherry was directed to enquire into the complaint under Section 202, Cri. P. C. and submit a report to the First Class Magistrate. The Inspector of Crime Branch submitted his report on 13-10-1967. The case was taken on file and summonses were ordered to be issued to the revision petitioner and two others on 17-10-1967 for their appearance. In the meanwhile, the complainant died on 9-9-1967. On 18-10-1967, the respondents herein filed a petition before the First Class Magistrate stating that during the life time of the complainant, she executed a special power of attorney to the respondents and they were material witnesses in the case and interested in the prosecution and prayed fox permission to conduct the prosecution under Section 495 (1) Cri. P. C. and to engage pleader under Section 495 (8) Crl. P. C.

(3.) THE learned First Class Magistrate permitted the respondents to conduct the prosecution under Section 495 (1) Crl. P. C.