A P RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners are accused in C.C.No.133 of 2002 pending on the file of the Court of Judicial Magistrate No.II, Namakkal.

(2.) THE present Criminal Original Petition is preferred by them challenging the order passed in Crl.R.C.No.26 of 2004 by the Court of Principal Sessions Judge, Namakkal in confirming the order passed in C.M.P.No.1082 of 2004 by learned Judicial Magistrate No.II, Namakkal, wherein the petition for discharge filed by the petitioner herein/accused under Section 239 of Cr.P.C. was dismissed.

(3.) THE respondent herein filed its counter stating that the act of the petitioners/ A1 and A2 in depositing the Panchayat fund in their own Savings Bank Account in the Head Post Office, is not an act purporting in discharge of their official duties and therefore no sanction is necessary.