LAKSHMI G MENON Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision arises against the order of the Additional Chief Metropolitan Magistrate (E.O. II), dated 6 -5 -1996 im M.P. No. 46 of 1996 in E.O.C.C. No. 84 of 1995.

(2.) E .O.C.C. No. 84 of 1995 is a complaint filed by the respondent herein as against Hindustan Teleprinters Limited, Madras -32 (first accused) and Mrs. Lakshmi G. Menon, the Chairman and Managing Director of M/s. HTL. Limited (second accused).

(3.) THE second accused/revision petitioner herein filed preliminary objections in M.P.No. 46 of 1996 praying to drop all the further proceedings against her and to discharge her under Section 242(2) Cr. P.C. The main objection raised by her was that no sanction had been obtained for prosecuting her, she being a public servant within meaning of Section 21 I.P.C. and having been appointed by the President of India and the Department of Telecommunication functioning under the Ministry of Communication. She contended that she was removable from her office only by the President of India representing the Central Government. She further contended that there was no requisite foundation in the complaint and no act has been alleged against the petitioner fixing responsibility on the petitioner. She also contended that the Hindustan Teleprinters Limited was fully owned by the Government of India, that she had not derived any pecuniary advantage as the result of the violations as alleged in the complaint against the first accused. The learned Magistrate after hearing both sides rejected the prayer of the petitioner and held that the petitioner was not entitled to be discharged. It is as against the said order of the learned Magistrate the above revision has been filed.