DR.MEERUMUSTAFA HUSSAIN Vs. STATE

JUDGEMENT

(1.) Revision Cases are directed against the order of dismissal dated 07.12.2016 passed in Crl. M.P. Nos.1593 of 2015 and 1595 of 2016 in C.C. Nos.14 of 2015 and 15 of 2015 respectively by the learned Special Judge for Prevention of Corruption Act, Chennai.

(2.) The facts leading to the filing of the present revisions are as follows:

(3.) The learned counsel for the Revision petitioner contended that the Trial Court has erred in taking cognizance of the aforesaid cases as the respondent has failed to obtain order of sanction from the Government as contemplated under Section 197 (1) Cr.PC. to prosecute the petitioner. It is the contention of the learned counsel for the petitioner that attending conference is the Official duty and for the said official purpose, the claim for the T.A. bills were made by him and hence, prior sanction of the Government is absolutely necessary. It is the further contention of the learned counsel for the petitioner that there was a delay of four years in registering the FIR. Further, there was a delay of two years in examining the witnesses. It is also contended that there is no evidence to show that the fabricated documents were produced along with T.A.Bills. According to the learned counsel, only the original bills were produced by the petitioner. Therefore, it is submitted by the learned counsel that the offence of cheating has not been made out by the respondent. It is the submission of the learned counsel that no prima facie evidence is available to show that the bills were forged and submitted for the T.A. Claim. It is also the submission of the learned counsel that there is no materials available for proving the breach of trust.