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Madras High CourtCRL OP/8028/2023allowed

K.Balakrishnan v. The State Rep Ny Inspector Of Police

2026-04-07Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Crl.O.P.Nos. 8028, 8031 & 8033 of 2023 and Crl.O.P.Nos.26137, 26140, 26153, 26156, 26174 & 26175 of 2019 and Crl.M.P.Nos.5077 to 5079, 5081 , 5085, 5086 of 2023 and Crl.M.P.Nos. 13934, 13935, 13937, 13938, 13949, 13950, 13951, 13952, 13972, 13974 13975 & 13976 of 2019 K.Balakrishnan ..Petitioner Vs

1. The State Rep by Inspector of Police CCIW, Nagapattinam, Nagapattinam District.

Crime No. 4/2016

2. The Deputy Registrar of Cooperative Societies Nagapttinam Circle, Nagapattinam.

District ..Respondents CRL OP No. 8033 of 2023

1. K.Govindarajan

2. P.Abdul Salam

3. N.Senthilvelan

4. N.Pakkirisamy ..Petitioners Vs

1. The State Rep By Inspector of Police CCIW, Nagapattinam, Nagapattinam District Crime No. 4/2016

2. The Deputy Registrar of Cooperative Societies Nagapttinam Circle, Nagapattinam.

District ..Respondents CRL OP No. 8031 of 2023 A.Ganesan ..Petitioner Vs

1. The State Rep By Inspector of Police CCIW, Nagapattinam, Nagapattinam District Crime No. 4/2016

2. The Deputy Registrar of Cooperative Societies Nagapttinam Circle, Nagapattinam.

District ..Respondents Crl.O.P.Nos.26137, 26140, 26153, 26156, 26174 & 26175 of 2019 M.Janaki ..Petitioner

Vs

1. The State Rep. By Inspector of Police CCIW, Nagapattinam, Nagapattinam District Crime No. 4/2016

2. The Deputy Registrar of Co-operative Societies Nagapattinam Circle, Nagapattinam.

..Respondents COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records in C.C.Nos. 261 to 266 of 2018 on the file of the Judicial Magistrate No.II Nagapattinam,Nagapttinam District and quash the same.

In all Crl.O.Ps For Petitioners:

Mr. S.Kamadevan For Respondents:

Mr.A.Gopinath Government Advocate (Crl.Side) COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in C.C.Nos. 261 to 266 of 2018 on the file of the Judicial Magistrate No.II, Nagapttinam.

2.

Heard the learned counsel appearing on either side and perused the materials available on record.

3.

Based on the complaint lodged by the second respondent, the first respondent registered an FIR in Crime No.4 of 2016 for the offences punishable under Sections 408, 409, 467, 468, 471, 477(A), 120(b) read with 34 of IPC alleging that the accused persons had misappropriated the society's fund. 4.

The learned counsel appearing for the petitioners submitted that the second respondent ordered an enquiry to be conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, as certain irregularities were alleged in the Z719, Thittacheri Primary Agricultural Co-operative Credit Society Ltd. Purakiramam, Nagapattinam. Thereafter, an enquiry was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act and a report was submitted. Based on the said report, the second respondent lodged a complaint and also initiated surcharge proceedings. 5.

On the complaint, the first respondent registered an FIR and after completion of investigation, filed a final report. The same has been taken cognizance by the Trial Court and prosecution was initiated against the accused. In the meantime, the said enquiry report was challenged by the petitioners herein in CMA Nos.10 and 11 of 2017 before the Co-operative Societies

Appellate Tribunal (Principal Sessions Court), Nagapattinam. By Judgment dated 21.07.2022, the Tribunal set aside the enquiry report dated 17.06.2015. However, the Tribunal confirmed the order passed by the second respondent ordered an enquiry to be conducted under Section 81 of the Tamil Nadu Cooperative Societies Act. So far, no fresh enquiry was conducted under Section 81 of the Tamil Nadu Co-operative Societies Act . 6.

That apart, pursuant to the enquiry report, surcharge proceedings were also initiated against the petitioners and the same were also set aside, since the basis for such proceedings, i.e.,the enquiry report itself was set aside by the Tribunal. Therefore, the criminal prosecution initiated on the basis of the enquiry report submitted by the second respondent cannot be sustained and is liable to be quashed.

7.

In view of the above, the proceedings in C.C.Nos. 261 to 266 of 2018 on the file of the Judicial Magistrate No.II, Nagapttinam, are hereby set aside. The second respondent is at liberty to conduct a fresh enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, after giving an opportunity of hearing to all the delinquents and proceed in accordance with law.

8.

In the result, these Criminal Original Petitions stand allowed. Consequently, connected miscellaneous petitions are closed. 07-04-2026 Index: Yes/No Speaking/Non-speaking order LPP To 1.The Judicial Magistrate No.II, Nagapattinam,Nagapttinam District 2.The Inspector of Police CCIW,Nagapattinam, Nagapattinam District.

3.The Deputy Registrar of Cooperative Societies, Nagapttinam Circle, Nagapattinam District.

4.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN J.

LPP Crl.O.P.Nos. 8028, 8031 & 8033 of 2023 and Crl.O.P.Nos.26137, 26140, 26153, 26156, 26174 & 26175 of 2019 and Crl.M.P.Nos.5077 to 5079, 5081 , 5085, 5086 of 2023 and Crl.M.P.Nos. 13934, 13935, 13937, 13938, 13949, 13950, 13951, 13952, 13972, 13974 13975 & 13976 of 2019 07-04-2026