NAGASUBRAMANIAM Vs. E SANGARALINGAM

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the order of discharge, dated 24.01.2011 passed in Crl.R.C.65/2010 by the learned Additional District & Sessions Judge, Fast Track Court I, Tirunelveli, discharging the respondent, who is arrayed as third accused, in the complaint, confirming the order, dated 10.05.2010, passed in Crl.M.P.No.2206/2010 by the learned Judicial Magistrate, Ambasamudram.

(2.) The case of the petitioner is that he approached the respondent/third accused, while he was working as a Government Servant, for furnishing certain documents. Since the respondent failed to discharge his official duty, the petitioner has lodged a complaint against him, under Section 200 of Cr.P.C., before the Judicial Magistrate Court, Ambasamudram and the same was taken on file in C.C.No.90/2010. While the said case was pending, the respondent herein filed a discharge petition in Cr.M.P.No.2206/2010 before the Judicial Magistrate Court, Ambasamudram on the ground that the sanction of prosecution from the Government is necessary. Since the respondent was discharging his official duty and based on the fact that without obtaining sanction from the Government Authority, under Section 197 of Cr.P.C, the learned Judicial Magistrate, Ambasamudram, discharged the respondent from the charges, is bad in law. Aggrieved over the same, this petitioner filed Crl.R.C.No.65 of 2010, under Section 397 of Cr.P.C before the lower Appellate Court. The lower Appellate Court after hearing both sides, confirmed the order of the learned Judicial Magistrate. Against which, the present Criminal Original Petition has been filed.

(3.) The learned counsel appearing for the petitioner submitted that the respondent was discharged in violation of G.O.Ms.No.114 and Section 76 of the Evidence Act. However, without considering the facts, the lower Court discharged the respondent/third accused and the lower Appellate Court also confirmed the Order of the lower Court.