Rohinikumar v. Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.Nos.4440 & 4441 of 2023 Rohinikumar
...Petitioner / A14
-Vs1.The Deputy Superintendent of Police, Organized Crime Unit-II, CBCID, Chennai.
2.Surjit.K.Chaudhary, I.A.S., Agriculture Production Commissioner and Principal Secretary to Government, Agriculture (AA7), Department, Secretariat, Chennai - 600 009.
... Respondents Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the proceedings in C.C.No.10731 of 2010 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai and to quash the same. 1/6
For Petitioner : Mr.V.Lakshmi Narayanan For Respondents : Mr.S.Santhosh Govt. Advovate, (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking to quash the final report in C.C.No.10731 of 2010 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai.
2.The allegation in the final report is that the 1st to 15th accused had entered into a conspiracy and pursuant to the conspiracy they had committed criminal breach of trust in respect of subsidized fertilizers by dishonestly disposing more than 3407 MTs. of MOP fertilizer in violation of the orders of the Government mentioned in Fertilizer Movement Control Order, 1973 and Fertilizer Control Order, 1985 and also caused monetary loss to the tune of Rs.4,00,00,000/- to the Government.
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3.The learned counsel for the petitioner submitted that the petitioner is arrayed as A14 in the final report. He further submitted that the quash petitions filed by the other accused were allowed by this Court and the particulars of the same is tabulated hereunder: Sl.No Name of the Accused Rank Quash Petition in Crl.O.P.Nos.
Order Date 1.
A.Natarajan 1st 27504/2010 05.09.2014 2.
B.Muralidharan 2nd 27503/2010 05.09.2014 3.
Nadimuthu 3rd 27503/2010 05.09.2014 4.
Subramanian 4th 19148/2017 10.04.2019 5.
P.Kothandan 7th 19148/2017 10.04.2019 6.
T.Natarajan 8th 18266/2017 15.04.2019 7.
V.Palanisamy 9th 19101/2017 14.03.2019 8.
Kandasamy 10th 19101/2017 14.03.2019 9.
D.Somasundaran 11th 6544/2013 26.07.2019 10.
Nageswaran 12th 5975/2021 29.03.2021 11.
Rajamaarison 15th 5975/2021 29.03.2021 4.This Court is of the considered view that, quashing of the proceedings as against the other accused persons will also enure to the benefit of the petitioner / A14 who is similarly placed. In view of the above, the proceedings in C.C.No.10731 of 2010 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, is quashed 3/6
insofar as the petitioner / A14 is concerned and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed.
31.03.2023 smv Internet: Yes Index : Yes/No Speaking/Non Speaking order 4/6
To, 1.The Deputy Superintendent of Police, Organized Crime Unit-II, CBCID, Chennai.
2.Surjit.K.Chaudhary, I.A.S., Agriculture Production Commissioner and Principal Secretary to Government, Agriculture (AA7), Department, Secretariat, Chennai - 600 009.
3.The Public Prosecutor, High Court of Madras.
4.The XI Metropolitan Magistrate, Saidapet, Chennai, 5/6
SUNDER MOHAN,J.
smv and Crl.M.P.Nos.4440 & 4441 of 2023 31.03.2023 6/6