C K RAGHUNATH Vs. S GANAPATHY

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C. No. 11465 of 1985 on the file of the XIV Metropolitan Magistrate, Madras.

(2.) The accused, five in number, belonged to the Tamil Nadu Electricity Board; accused I is the Chief Engineer/personnel, accused 2 is the Director of Training, accused 3 is the Divisional Engineer Training, accused 5 is the Assistant Divisional Engineer/Training and accused 4 is the Inspector of Vigilance. It appear that the respondent/complainant, who was employed as Assistant Divisional Engineer (Training), was transferred twice an ultimately was dismissed from service. It appears also that there has been some writ proceedings in respect of his transfers. The case of the complainant is that the accused have all wrongfully restrained him from occupying his seat on 11- 9-1984, inflicted hurts and also have intimidated him. As far as the first accused is concerned, he is alleged to have given and fabricated false evidence. Upon the receipt of this complaint, the Magistrate has taken the sworn statement of the complainant and issued summons to all the accused. Thereupon the accused have preferred the present petition.

(3.) Learned Counsel for the petitioners would urge that in respect of offences against the officers of the Tamil Nadu Electricity Board is concerned, sanction has to be obtained from the Board under Sections 81 and 82 of the Electricity (Supply) Act, 1948 and also under Section 197 of the Criminal Procedure Code to prosecute the said officers, that the petitioners accused were action bona fide in the discharge of their normal duties and that the Magistrate acted hastily in issuing summonses against them. When a private complaint is filed and if the Magistrate has taken cognizance thereof, he will examine upon oath the complainant and the witnesses present, if any, under Section 200 of the Criminal Procedure Code. After doing so, he will have to ascertain whether further enquiry is necessary for the purpose of deciding whether or not there is sufficient ground for proceeding under Section 202 of the Criminal Procedure Code and take action accordingly, if further investigation is necessary. Upon being possessed with all the information necessary he will either dismiss the complaint under Section 203 of the Criminal Procedure Code or issue summons under Section 204 of the Criminal Procedure Code, if he finds that there is sufficient ground for proceeding. The fact of issuing process to a person to appear before, a Court is an important act, which should not be performed perfunctorily and automatically. The Magistrate should apply his mind before taking such a step.