The High Court of Madras allowed a criminal original petition to quash a private complaint. The court held that the proceedings were motivated, vexatious, and vitiated by lack of required sanction, constituting an abuse of the process of law.
Criminal Original Petition allowed; Proceedings in C.C.No.527 of 2017 quashed; Connected Cr.M.P.s closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 17/12/2021
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.28115 of 2017
and Crl.M.P.Nos.15994 and 15995 of 2017
Subrata Paul
...Petitioner
Vs
P.Vadivelu ...Respondent
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.527 of 2017 on the file of the learned Judicial Magistrate No.VI, Coimbatore, and quash the same.
O R D E R
This Criminal Original Petition has been filed to quash C.C.No.527 of 2017, pending on the file of the learned Judicial Magistrate No.VI, Coimbatore.
The petitioner/single accused is the General Manager of Ranga Vilas G.S. & W Mills, unit of National Textile Corporation Limited, a Government of India Undertaking and the defacto complainant was working as a Cashier in the above mill. There arose some allegations of misappropriation of funds. As a result, the then General Manager, lodged a complaint to the respondent Police. Pursuant to the same, the defacto complainant along with the then General Manager went to the Police Station.
Sd/-
Assistant Registrar (CO)
//True Copy//
Sub Assistant Registrar
mvs.
To
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.M.Vijayan Associates, Advocate SR. No.68354
Crl. O.P. No.28115 of 2017
CP (CO) PR (06/01/2022)
3 issues framed by the court
Whether the criminal proceeding should be quashed for being an abuse of the process of law and vexatious.
Whether previous sanction under Section 195 Cr.P.C. is mandatory for proceeding against a Government servant.
Whether taking cognisance of Section 424 IPC was appropriate given the alleged circumstances.
3 provisions across 2 enactments
Subrata Paul
P.Vadivelu
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
