IN RE: P. VELAN Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed against the order of the Sub -Divisional Magistrate, Tuticorin, overruling the objection raised by the petitioner that the prosecution was void under Section 403, Criminal Procedure Code.

(2.) TO appreciate the points raised by the learned Counsel for the petitioner, it may be necessary to state the relevant facts of the case. The revision petitioner, Velan was the Executive Officer, Nazareth Panchayat Board in Tirunelveli District from 6th November, 1959 to 18th October, 1960. The Sub -Inspector of Police, Nazareth, filed a chargesheet before the Sub -Divisional Magistrate, Tuticorin, alleging that the petitioner in his capacity as the Executive Officer of the Nazareth Panchayat Board drew the Panchayat amounts from the local Co -operative bank, Nazareth, and from the Sub -Treasury, Tiruchendur, to the extent of Rs. 1,350 by means of self -cheques and committed breach of trust of the said amounts by non -utilising the amounts for the purpose for which they were drawn, an offence punishable under Section 409, Indian Penal Code. The Sub -Divisional Magistrate took the case on file and after examining some witnesses had found that necessary sanction was not obtained under the provisions of the Madras Panchayat Act for prosecuting the petitioner and ultimately discharged the petitioner. Against the order of the Sub -Divisional Magistrate, the State filed a revision before the Sessions Judge, Tirunelveli. The Sessions Judge held that the order of discharge by the Sub -Divisional Magistrate must be deemed to be an acquittal as the case was disposed of by him after recording evidence and the statement of the petitioner and dismissed the revision petition on the ground that he had no jurisdiction to entertain the revision which was against an order of acquittal. Against the order of the Sessions Judge, the learned Public Prosecutor for Madras State filed a revision in the High Court. Anantanarayanan, J., as he then was, remitted the matter to the Sessions Judge for disposal on the merits with the following observations:

(3.) THE learned Sessions Judge, Tirunelveli, dismissed the revision petition after it was remitted to him on the ground that the sanction accorded under Section 106. of the Madras Village Panchayats Act, 1950, was not valid as the offence alleged to have been committed was subsequent to the Madras Panchayats Act XXXV of 1958 came into force. He further held that the sanction for prosecution should have been accorded under Section 169 of the Act XXXV of 1958. This order by the learned Sessions Judge was passed on 9th February, 1966.