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Documents citing S. Gunasekaran vs Tamil Nadu Elementary School on 11 January, 2022

S.Renganathan vs State By The Inspector Of Police on 26 August, 2022

In S.Gunasekaran Vs. State represented by the Inspector of Police (supra), this Court has Page 8 of 12 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.7110 & 7115 of 2021 quashed the Criminal proceedings against the Special Officer stating that the Criminal prosecution cannot be initiated for lapse / negligence in supervising work, which is extracted below:- “8. The learned Government Advocate (Crl.Side) would submit that as per a resolution passed in the society the petitioner was responsible for the day-to-day affairs of the society and to supervise the records and the transactions of the society. The learned Government Advocate (Crl.side) would further submit that as per the materials available on record it is clear that he has failed to discharge his duties properly and the said acts of the accused would amount to offences as enumerated in the charge sheet.
Madras High Court Cites 12 - Cited by 0 - G K Ilanthiraiyan - Full Document

R.Devakumaran vs State Rep. By: The Inspector Of Police on 19 March, 2024

In S.Gunasekaran Vs. State represented by the Inspector of Police (supra), this https://www.mhc.tn.gov.in/judis 10/14 Court has quashed the Criminal proceedings against the Special Officer stating that the Criminal prosecution cannot be initiated for lapse / negligence in supervising work, which is extracted below:- “8. The learned Government Advocate (Crl.Side) would submit that as per a resolution passed in the society the petitioner was responsible for the day-to-day affairs of the society and to supervise the records and the transactions of the society. The learned Government Advocate (Crl.side) would further submit that as per the materials available on record it is clear that he has failed to discharge his duties properly and the said acts of the accused would amount to offences as enumerated in the charge sheet. 9. In my considered opinion, such a negligence may create only a civil liability and there cannot be any vicarious liability in the criminal law. Even to initiate proceedings against the petitioner under Section 87 of the Tamil Nadu Co-operative Societies Act, the sine quo non is wilful negligence resulting in loss to the society and not a mere negligence. When that be so, a mere negligence to look into the records properly, in my considered opinion, would not satisfy any of the ingredients of the offences alleged against him.”
Madras High Court Cites 10 - Cited by 0 - N A Venkatesh - Full Document
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