The Madras High Court Bench here has imposed a cost of Rs.20,000 on a litigant who initiated criminal proceedings against a government bus conductor and three managerial-level officers of Tamil Nadu State Transport Corporation for having issued Rs.10 ticket instead of a Rs.7 ticket for travelling from Manapparai to Vaiyampatti in Theni district on July 1, 2013.
Dismissing a criminal revision petition, Justice P.N. Prakash ordered that the litigant should pay Rs. 5,000 to each of the four individuals, against whom he had initiated the proceedings, within two weeks. “The entire prosecution case is a clear abuse of process of law and an attempt to browbeat and intimidate the respondents who are public servants,” the judge observed.
The petitioner had initially moved a private complaint before a judicial magistrate court accusing the TNSTC bus conductor Saravanan, Cumbum Branch Manager Pandiyarajan, Deputy Manager (Commercial) Ganesan and Assistant Manager (Maintenance) Archunan of having committed offences under Section 166 (public servants disobeying law) of the Indian Penal Code.
The Magistrate recorded the sworn statement of the complainant and dismissed the private complaint on the ground that the latter had not made out a prima facie case against the accused for issuing process to them. Not leaving it at that, the petitioner had moved the High Court through the present revision petition and questioned the Magistrate’s decision.
“At the first blush, I thought that the Conductor was illegally demanding excess fare from passengers. On a close scrutiny of the case, it appears that the Conductor had given Rs.10 denomination ticket to the revision petitioner for the alleged travel from Manapparai to Vaiyampatti. I am at loss to understand as to how this action of the Conductor would amount to an offence under Section 166 IPC. After all, he is acting under the directions of the government by giving 10 rupees ticket,” the judge added.
