R. RAVICHANDRAN Vs. STATE

JUDGEMENT

(1.) Petitioners seek quash of proceedings in C.C. No. 187/2011 pending on the file of learned Judicial Magistrate II, Poonamallee. Petitioners are accused 1 and 2 in such case. A final report came to be filed pursuant to investigation in Crime No. 65 of 2008 on the file of the first respondent for offences under Sections 409 and 420 IPC.

(2.) The prosecution case is that the first petitioner was functioning as the Post Master at the Sub-Post Office, Poonamallee, while the second petitioner was a Clerk therein. The third accused was an outsider temporarily appointed as a Peon. Between 10.06.2006 and 30.11.2006, a sum of Rs. 2,31,724/- received towards recurring deposit and Savings Bank Accounts of depositors had been misappropriated. The third accused was said to have acted with the aid of the accused/petitioners 1 and 2. Requisite entries in the Post Office records towards reflecting receipt of such deposits were not made.

(3.) Learned counsel for petitioners submits that though in connected departmental enquiries both petitioners suffered reduction in scale of pay with consequential effect of postponing increments in future, it specifically was found that their wrong doing was in delegating their functions to an unauthorised person as a consequence of which the wrong doing came to be. Learned counsel contends that in such circumstance, the petitioners should not be required to undergo the rigour of trial.