IVAN HENRY FERNANDEZ Vs. STATE

JUDGEMENT

(1.) This is a petition filed under S.561A of the Criminal Procedure Code by the accused to quash the proceedings in C. C. 163 of 1970 on the file of the District Magistrate, Quilon. Under that section proceedings can be quashed in proper cases in exercise of the inherent power of the High Court to prevent abuse of the process of court or otherwise to secure the ends of justice. The Section can now be read:

(2.) Now what are the facts here Accused was working as a Post Master at the Pattathanam Sub Post Office. Finding that he had committed criminal breach of trust in respect of several items of money amounting in all to Rs. 13,000 during the period between 29-6-1967 and 18-8-1967 the Superintendent of Post Offices lodged information before the police. After investigation the police laid the charge before court. Two cases were started against the accused, the first one, C. C. 187 of 1968 on the file of the District Magistrate, Quilon, for criminal breach of trust in respect of an item of Rs. 101,47 and the second, C.C. 188 of 1968 before the same court for misappropriation of another item of Rs. 300. Both the cases ended in conviction and he has undergone the sentences in the two cases also. When he came out of jail there was another case awaiting him. C.C. 163 of 1970 was started. That was in respect of an item of Rs. 11,000 which was also included in the amount of Rs. 13,000 mentioned in the first information statement given by the Superintendent of Post Offices. Accused moved the District Magistrate for quashing the proceedings but without success. It was thereafter that he filed the present petition. The correctness of the above facts which were mentioned by the accused's advocate was not challenged by the Public Prosecutor.

(3.) The ordinary role is that in S.233 of the Cr. P. C. there should be a separate charge for each distinct offence. S.234 clause (1) which provides: