K KARUNANETHI Vs. STATE

JUDGEMENT

(1.) THE petitioner is working as watchman in Prasanna Venkatachalapathy Thirukkoil Gunaseelam of Trichy District which is coming under the respondent/Police.

(2.) ON 14/15.8.2004 in the little hours at 2.10 a.m. the accused was found taking money from the undial in the temple in the temple by using bamboo stick covered by cello and thereby he had appropriated a sum of Rs.787/- He was got red-handed by the complainant, the hereditary trustee of the said temple along with one Subramaniam. A case was registered in Crime No. 314 of 2004 on the file of Vathalai Police Station under Section 381 IPC. Investigation was taken up and a charge sheet was also lodged under the said Section before the Musiri Judicial Magistrate Court where the complaint was taken on file in C.C.No.108 of 2004 and the same is pending before the said Court.

(3.) IT is true that the offence in the first complaint is also mentioned in the second complaint. But only in the second complaint, all the nefarious activities of the petitioner have come to light and the respondents/police has taken up serious note of it and thereafter they proceeded further. The case records pertaining to both the Crime Numbers were called for by this Court and thoroughly perused. In Crime No. 27 of 2004, the respondent/police have examined as many as fifty witness and seized about 50 documents by duly preparing recovery mahazars. If the complaint in Crime No. 27 of 2004 is quashed, it will be screening all. There could not be two cases with reference to a same offence. But at the same time, one of the offences in one complaint could be dealt with in other case.