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1979 Supreme(Mad) 386

G.MAHESWARAN
Ganapathy, Asst. Welfare Officer, Madura Mills, Ambasamudram – Appellant
Versus
Krishnan – Respondent


Advocates Appeared:
For the Petitioner:R. Subramaniam for King and Patridge, Advocate.
For the Respondents:G. Krishnan, Advocate, T.K. Parasuraman, for Public Prosecutor.

Judgment :

The vexed question that of-confronts the criminal Court, namely, to what extent the trial that follows an investigation by a Police Officer in a non-cognizable offence without obtaining the orders of a Magistrate for such investigation is vitiated, is the subject-matter of this revision.

2. The first respondent-accused in this revision was convicted of an offence punishable under sections 467 and 471, Indian Penal Code, and was sentenced to rigorous imprisonment for one year and to a fine of Rs. 10 under each of the charges by the learned Judicial First Glass Magistrate No. II, Tirunelveli. The accused was a wireman in the electricity department in Madurai Mills, Vikramasingapuram. The Mill authorities were running a canteen and were selling printed coupons used in the canteen through the Co-operative Stores to the workers. It was found that P.W.2 was also selling such coupons. The coupons printed by the company are available only in the stores and in the canteen. The coupons which P.W.2 was selling were given to him by P.W. 3, Esakki, a co-worker. There was some dispute between P.Ws. 2 and 3 in regard to the sale of these coupons and P.W.2 reported the matter to P. W. 1.


















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