Justic P N Prakash who stayed all proceedings of Valiyoor Judicial Magistrate until further orders on a Criminal revision petition filed by HR&CE Inspector V.Gomathi, ordered notice of motion to the respondents, including police and the Hereditary trustee Meenakshi Sundaram Pillai.
Gomathy submitted she had given a police complaint and filed a case Under IPC 408 (criminal breach of trust by clerk or servant) and 379 (punishment for theft) and that he had filed chargesheet on Sep 26,2012 without proper investigation.
She contended the magistrate had erred in acquitting the accused for fresh investigation. The magistrate ought not to have given a 'predetermined' and categorical finding that since the accused had paid the penalty imposed by the Mines department, all activities against him had to be dropped an he should be let out.
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