S.STALIN BABU Vs. STATE

JUDGEMENT

(1.) For the sake of brevity, the facts of the case are taken from Crl.O.P.(MD) No.6640 of 2016, in which, the petitioner seeks to call for the records in Cr.R.P.No. 25 of 2015 dated 14.03.2016 by the I Additional District and Sessions Judge (PCR Court) Thanjavur confirming the order passed by the court of District Munsif cum Judicial Magistrate Papanasam in C.M.P.No. 1797 of 2015 dated 09.07.2015 and to set aside the same and consequently to discharge the petitioner from the charges in C.C.No.96 of 1998 on the file of District Munsif cum Judicial Magistrate, Papanasam.

(2.) The petitioner was working as Jewel Appraiser in Z827 Ammapettai Primary Agricultural Cooperative Bank (in short ?APACB Limited?) during 1993. It is alleged that the original jewels that were pledged by six members of the Society for jewel loan have been substituted with spurious one by the petitioner and others. In this connection, an enquiry under Section 87 of the Cooperative Societies Act was conducted and the responsibility was fixed against this petitioner and others, pursuant to which, on the complaint given by one Mr.Natarajan, Deputy Registrar, Cooperative Bank, the respondent police registered a case in Crime No.2 of 1996 on 10.01.1996 and after completing the investigation filed seven final reports in C.C.Nos.96 to 102 of 1998 before the learned District Munsif -cum -Judicial Magistrate, Papanasam for offences under Sections 120(b), 408, 409, 447(A), 467, 471 and 109 IPC against this petitioner and another.

(3.) It is seen that this petitioner filed an appeal before the District Judge, Thanjavur against the order passed by the Deputy Registrar of Cooperative Societies under Section 87 of the Act. This statutory appeal was numbered as C.M.A.19 of 1998 and learned Principal District Judge, Thanjavur by order dated 22.02.2001 set aside the proceedings and remanded the matter to the Deputy Registrar of Cooperative Societies for fresh enquiry. In the meantime, when charges were to be framed against the petitioner in C.C.Nos.96 to 102 of 1998, a discharge application was filed in C.M.P.1797 of 2015 by the petitioner, which was dismissed by the District Munsif -cum -Judicial Magistrate, Papanasam on 09.07.2015, challenging which the petitioner filed criminal revision petitions in C.R.P.Nos.25 to 31 of 2015 before the I Additional District and Sessions Judge (PCR), Thanjavur, which were dismissed on 14.03.2016. Aggrieved by the same, the petitioner has filed these present petitions to set aside the said orders.