A ALWAR NAGIAH Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order passed by the Principal Sessions Judge, Madurai in Crl. R.P. No. 42 of 1993 dated 12-10-1993 setting aside the order of discharge passed by the learned Judcial Magistrate No. I, Madurai, in C.M.P. No. 10751 of 1992 in Calendar Case No. 637 of 1989 dated 17-5-1993.

(2.) The facts which are relevant and required for the disposal of the revision are as follows : In pursuance of the conspiracy, during the period from Oct. 1981 to Sept. 1982, the petitioner who is a Jailor, Central Prison, Madurai along with others prepared as many as 135 bogus jail certificates and that thereafter, the petitioner signed in all the bogus jail certificate without the knowledge of the Superintendent of the Central Prison, who is an authorised officer to issue such certificates, thereby facilitating the alleged freedom fighters to falsely claim the Freedom Fighters, pension from the Government.

(3.) Originally the case was registered in Crime No. 11/1983 on the file of the respondent. Though, initially the case was dropped, the case was taken up for investigation during 1986 and the charge sheet was filed in 1989 against 27 accused including the petitioner A1 before the learned Judicial Magistrate No. I, Madurai, for the offences punishable under Sections 120(B), 465, 468, 471, 420 and 511 of the Indian Penal Code and the charge sheet was taken on file in C.C. No. 637 of 1989 on 27-2-1989. In the same year one of the accused filed a quashing application before the High Court and the proceedings were stayed on 25-4-1989. Ultimately on 2-9-1991, the said quashing petition was dismissed by the Court. Thereafter, before the trial was started, on 28-12-1991, the petitioner filed a petition under Section 239 of the Code of Criminal Procedure praying for discharge on the ground that the sanction order accorded in this case is invalid and the charge sheet filed cannot be taken cognizance of. After hering both the parties, on 17-5-1993. The learned Judicial Magistrate No. I, Madurai allowed the petition and discharged the accused accepting the contention of the petitioner/accused that the sanction order was an invalid one.