S. RATHINAVELU AND ORS. Vs. STATE

JUDGEMENT

(1.) These criminal revision cases and criminal original petition have been preferred against the orders passed in Crl.R.C. Nos. 137 and 138 of 2011 and 69 of 2012 by the Additional City Civil Court, Chennai.

(2.) The petitioner in Crl.O.P. No. 853 of 2013, as petitioner has filed Crl.M.P. No. 1515 of 2011; the revision petitioner in Crl.R.C. No. 28 of 2013, as petitioner has filed Crl.M.P. No. 1439 of 2009; the revision petitioner in Crl.R.C. No. 29 of 2013, as petitioner has filed Crl.M.P. No. 1625 of 2009, in C.C. No. 1578 of 2009 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

(3.) In all the petitions it is averred that the respondent has filed a final report wherein the petitioners have been arrayed as accused Nos. 1 to 5. Further, it is averred in the petition that a contract has come into existence between the first accused and Chennai Petroleum Corporation Limited, Manali('CPCL' in short), with regard to paving blocks for pavement and pathway in Refinery - III, Expansion Area in CPCL premises at Manali. The first and second accused by using required quantity of Cement have executed contractual work. There is no deviation on the part of the first and second accused. After completing the concerned work, final payment has been made. But the respondent, without any source has investigated to the effect that all the accused have fabricated so many documents, seals etc., and further, the first and second accused have not used the agreed Metric Tonnes of the Cement and thereby, caused loss to the tune of Rs. 4.75 lacs to CPCL. Further, it is averred in all the petitions that the first and second accused and the remaining accused have not done any illegal act so as to get personal gain. Under the said circumstances, these petitions have been filed under Sec. 239 of the Code of Criminal Procedure, 1973 praying to discharge from the proceedings of Calendar Case No. 1578 of 2009.