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Madras High CourtCRL OP/6492/2018allowed

J.Raja, M/A 56 Yrs, v. The Inspector Of Police

2018-03-16Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.6492 of 2018 J.Raja .. Petitioner Vs State by:

The Inspector of Police, C.S.C.I.D, Chennai - 52.

(Crime No.491/2009) .. Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to call for the records and quash the First Information Report pending investigation in Crime No.491/2009 on the file of Inspector of Police, C.S.C.I.D., Chennai-52 as an abuse of process of law.

For Petitioner : Mr.C.V.Kumar For Respondent : Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

The prayer sought for in the present petition is to call for the records and quash the First Information Report pending investigation in Crime No.491/2009 on the file of Inspector of Police, C.S.C.I.D., Chennai.

2. Heard, Mr.C.V.Kumar, learned counsel appearing for the petitioner and Mrs.Kritika Kamal.P, learned Government Advocate (Crl. Side) appearing for the respondent.

3. The amount of sum of Rs.14,929.20/- alleged to have been misappropriated is claimed to have been repaid by the petitioner. The learned Government Advocate (Crl. Side) also ratified this position.

4. It is submitted by the learned counsel for the petitioner that the certain departmental action was taken against the petitioner.

Ultimately, the department had justified to reinstate the petitioner and he is now peacefully employed.

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5. In this back ground, it would not be appropriate to permit the investigating Officer to proceed against the petitioner. Hence, the FIR in Cr.No.491/2009 on the file of the Inspector of Police, C.S.C.I.D, Chennai stands quashed. With the above observations, the Criminal Original Petition stands allowed.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, C.S.C.I.D, Chennai - 52.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.V.Kumar Advocate SR.No.20279 Crl.OP.No.6492 of 2018 SDR 09.04.2018 https://hcservices.ecourts.gov.in/hcservices/