MEERA SAHIB Vs. STATE

JUDGEMENT

(1.) THIS is an unfortunate case wherein the justice has been the casualty on account of the failure of the Assistant Public Prosecutor, Grade II, Tenkasi in discharging his onerous responsibility, by bringing all the materials before the trial court, so as to enable the court to effectively render justice in a case.

(2.) A person who is appointed to this highly responsible post should always uphold the dignity of this high office with a full sense of responsibility and see that its value is in no circumstance devalued. In this case, it is painful to see that the Assistant Public Prosecutor, Grade II, Tenkasi has not only given a wrong opinion to the police, but also suppressed several material factors from the court and obtained an order permitting the withdrawal of the case resulting in the grave injustice to the complainant.

(3.) IT is to be noted in this context that this application under Sec. 173(8), Crl.P.C. was not moved through Assistant Public Prosecutor and there was no other reason mentioned in the memo for permission for re-investigation except intimating the order of the Superintendent of Police. However, this was permitted by the learned Judicial Magistrate, Tenkasi on the same day without adducing any reason. The copy of the order which was placed by the Inspector of Police before this Court would only show "permitted"., Moreover, before passing an order neither the accused against whom warrants were pending nor the complainant first informant nor the Assistant Public Prosecutor was heard. However, it is specifically mentioned in the memo that permission was required for re-investigation under Sec. 173(8), Crl.P.C. IT is further stated in the said memo by the Inspector of Police that he would file the final report before the court after finishing the re-investigation.