T SHANKARAN Vs. IYPE CHERIAN

JUDGEMENT

(1.) The facts that have given rise to these petitions are these : The respondents in these two petitions filed a complaint against the petitioners who are officials of Sudarshan Trading Co., Madras alleging that they have committed offences punishable under Ss.420 and 409 1PC. The learned Magistrate examined the complainant on 12-6-1972 and he proceeded to register the case against the petitioners under S.420 IPC. Having done so, the learned Magistrate referred the complaint under S.202 CrPC to the Inspector of Police, Tumkur Town for investigation.

(2.) The Inspector of Police, Tumkur Town, after investigation submitted a 'B' report stating that the allegations made by the complainant were false. Thereafter on 25-8-1972 the learned Magistrate directed issue of process against the petitioners. It is against these orders that the present revision petitions have been filed by the petitioners.

(3.) The complaint recites that the first accused being Manager of the Branch Office of Sudarshan Trading Co., at Tumkur was responsible for the disbursement of the money for the complainant or any member of the company. Accused 2 to 4 are supervising authorities of accused 1 and they have directed the first accused to commit illegal acts in violation of law. The first accused in collusion with accused 2 to 4 has created valuable security by incorporating the names of persons who are not members violating the conditions laid down for the business. The only further statement in the complaint is that the first accused in contravention of the rules has created the documents in order to take benefit of the monthly bid amount in favour of the company by introducing fietltious persons.