C.Muthuselvam, Aged 46 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.7044 of 2018 and CRL.M.P.No.3651 of 2018 C.Muthuselvam .. Petitioner Vs 1.State represented by The Inspector of Police, Civil Supplies C.I.D, Chennai-52.

(Crime No.45/2014) 2.R.Subramanian, Deputy Registrar, Civil Supplies & Consumer Protection Department, Triplicane-2, Chennai-5.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the FIR registered in Cr.No.45/2014, by the respondent Police in so far as it relates to the petitioner.

For Petitioner : Mr.J.Muthukumaran For Respondents: Mrs.M.Prabhavathi, APP

O R D E R

On the complaint lodged by the Deputy Registrar of Civil Supplies and Consumer Protection Department, Chennai, the respondent Police have registered a case in Crime No.45 of 2014 dated 30.01.2014 for the offences under Section 6(2)(3) of TNSC (RDCS) Order 1982 r/w Section 7(i)a(ii) of EC Act, 1955 against the petitioner and others, for quashing which, this petition has been filed.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3.Today, Mr.M.Selvaraj, HC 17182, CSCID is present before this Court.

4.On a reading of the FIR, it is seen that the petitioner was working as Packer in Triplicane Urban Cooperative Stores Ltd. and was serving in Velachery, No.3, Fair Price Shop. On 31.12.2012, during inspection, the authorities found a shortfall of Rs.26,119/- in the Fair Price Shop. Hence, the complaint and the FIR.

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5.Learned counsel for the petitioner submitted that the petitioner has paid the shortfall amount and therefore, the prosecution could be quashed.

6.In the opinion of this Court, just because the misappropriated amount has been repaid, the same cannot be a reason to quash the prosecution.

7.Learned Additional Public Prosecutor submitted that investigation has been completed and Charge Sheet is ready. 8.Recording the submission, this Court directs the respondent Police to file the Final Report within three months from the date of receipt of a copy of this order. With the above direction, this petition is closed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, Civil Supplies C.I.D, Chennai-52.

2.Mr.R.Subramanian, Deputy Registrar, Civil Supplies & Consumer Protection Department, Triplicane-2, Chennai-5.

3.The Public Prosecutor, High Court, Madras.

+1cc to M/s.J.Muthukumaran, Advocate SR.NO.74133 MP(CO) sm:14.11.2018 CRL.OP.No.7044 of 2018 https://hcservices.ecourts.gov.in/hcservices/