Quick Summary: P. Xaviour Raj's attempt to get criminal charges dropped was turned down by the Madurai Bench of Madras High Court. Even though he was cleared in an internal work investigation, the court decided that the criminal trial should go on.
P. Xaviour Raj, who used to work as a clerk at the Kolvel Primary Agricultural Co-operative Credit Society, was accused of mishandling money over three years. The accusations were serious, including faking documents and breaking trust.
The accusations against P. Xaviour Raj were for financial misdeeds during 2009-2012. He faced charges under several parts of the Indian Penal Code, including:
Interestingly, P. Xaviour Raj had been cleared by the Joint Registrar of Co-operative Societies in 2018. This decision was based on a detailed investigation, which found he did nothing wrong.
"The petitioner was fully, completely, and honourably cleared of all allegations."
Despite being cleared, the Judicial Magistrate at Tirunelveli rejected P. Xaviour Raj's requests to drop the criminal cases. The court said that the criminal charges were separate from the findings of the work investigation.
P. Xaviour Raj's lawyer argued that since he was cleared in the work investigation, continuing with the criminal trial was unfair. They said:
"Continuing the criminal case despite such clear departmental clearing is unfair."
However, the government lawyer argued that being cleared in a work investigation doesn't erase criminal responsibility, as both processes follow different rules.
Justice L. Victoria Gowri, who was in charge of the case, decided not to stop the ongoing trial. She pointed out that the trial was almost finished, with many witnesses already questioned.
"Stopping the process now would mean cutting short an almost-finished trial."
The court decided the trial should go on, but P. Xaviour Raj can still try other legal ways to get help if needed.
The court's decision to reject the petitions means that the trial against P. Xaviour Raj will continue. However, he still has the option to try other legal actions to get help.
This case shows the difficulties that come up when work investigations and criminal trials overlap, and the challenges people face when trying to deal with these situations.
