K.E.JAYARAMAN Vs. R.BALAKRISHNAN

JUDGEMENT

(1.) THE revision petitioner herein has filed a case under Section 200 of Cr.P.C. against the respondent herein/accused stating that all the accused had committed was an offence of cheating and criminal breach of trust, punishable under Section 409, 420 and 120(B) of IPC. The revision petitioner stated that the first accused was inducted as a management trustee of the said temple in the year 1986. Due to completion of his term of trusteeship in the year 1991 and non-relinquishment of his post as management trustee and also rampant corruption committed by him in the administration of the said temple, the members of Balija Chetty Community of Saidapet had passed a resolution during their meeting held on 26.11.2000 to remove the first accused from the Management Trusteeship of the said temple as he had misappropriated the huge amount collected by the temple for his personal benefits.

(2.) THE complainant further stated that based on the criminal complaint lodged by one Mr.A.N.Damodaran, the former advisor and Court trustee of the said temple, the first accused was arrested and remanded into judicial custody in Cr.No.X Cr.719 of 2001, on the file of Central Crime Branch, Egmore for misappropriation of the said temple funds to the tune of Rs.60,00,000/- for his personal gain. The first accused, in connivance with the other three accused created false documents and alienated the properties situated at No.63, Perumal Koil Street, Saidapet, Chennai for their personal gains. Further, all the accused created false documents and leased out the properties to the various persons and also sold the property by a registered sale deed. As such, all the accused persons have connived together and alienated the temple property for their personal gain. Hence, the complainant has filed the Crl.M.P.No.99 of 2005 and prayed before the learned Magistrate to direct the Deputy Commissioner of Police, Central Crime Branch, to cause an investigation by forwarding this report under Section 156(3) of Cr.P.C. and to file a final report.

(3.) AGAINST the said dismissal of the above petition, the revision has been filed.