: Madras High Court bench stayed the order of a lower court, acquitting the hereditary trustee of Gundalkari Sastha temple, in a case filed by Hindu Religious and Charitable Endowment Department for allegedly illegally mining 11,502 tonnes of garnet sand from temple land at Gundal village.
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.
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The Inspector filed another chargesheet with contradictory statements on Dec3,2013,allegedly with a view to help the accused escape from the case as she filed an application relevant section of Criminal procedure code, seeking fresh investigation. However the Magistrate dismissed her case and acquitted the accused.
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.
