M.Saravanan v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2026 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No.10690 of 2026 M.Saravanan .. Petitioner
Versus
1. State Rep by, The Inspector of Police, Economic Offence Wing - II, Vellore District, Vellore - 9.
(Crime No.1 of 2024)
2. The Deputy Registrar of Cooperative Societies, Ranipet Circle, A Block, No.7, 3rd Floor, Bharathi Nagar, Ranipet - 632 404.
.. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records relating to the impugned F.I.R in Crime No.1 of 2024 on the file of the 1st respondent Police and quash the same in so far as the petitioner is concerned.
For Petitioner : Mr.S.Sairaman For Respondents : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) 1/7
ORDER
This Criminal Original Petition is filed to quash the F.I.R in Crime No.1 of 2024 on the file of the first respondent Police.
2. It can be seen that complaining certain omissions and commissions, pursuant to an Inquiry Report under Section 81 of the Tamil Nadu Co-operative Societies Act, the present complaint is lodged and the same is pending as Crime No.1 of 2024 for the past two years. The learned Counsel for the petitioner would submit that subsequently, the Departmental Inquiry has been completed and the petitioner has been exonerated of the charges. When, even after a closer scrutiny on the roles to be played by each of the officials, the disciplinary authority itself has found that the petitioner has not committed any delinquency, thereafter, there is no useful purpose that will be served in keeping the F.I.R pending. Secondly, surcharge proceedings were also initiated against the petitioner and after due inquiry, the original proposal, that is made against the petitioner, has been dropped and it is found that the petitioner is not liable or responsible for any loss to the Co-operative Society. In view thereof, absolutely, no offence will be made out as against the petitioner and 2/7
therefore, the First Information Report has to be quashed inasmuch as the petitioner is concerned.
3. Per contra, the learned Counsel for Government of Tamil Nadu (Criminal Side) for the first respondent would submit that the F.I.R is pending only because they are awaiting records from the Joint Registrar. They will complete the inquiry. All the facts that are pleaded before this Court will be taken note of during the process of enquiry.
4. I have considered the rival submissions made on either side and perused the material records of the case.
5. It can be seen that though the petitioner has been mentioned as second accused in the F.I.R, the F.I.R is generally registered totally against three accused and the matter is under investigation for the offences under Section 408, 409, 420 read with Section 34 of the Indian Penal Code. The fact that the Departmental Inquiry was ended in favour of the petitioner and Section 87 surcharge proceedings also ended in favour of the petitioner, can also certainly be placed before the Investigating Officer and after due investigation, if the Investigating Officer finds that there is no 3/7
role played by the petitioner or no loss can be attributed to the petitioner and no offence is made out against the petitioner, the same can be duly considered by the Investigating Officer. The averments are made on the basis of the factual aspects that already, the same have been gone into by two authorities, namely, the disciplinary authority and also the statutory authority. Therefore, the same can also be considered by the Investigating Officer during the course of the investigation.
6. In view thereof, this Criminal Original Petition is disposed of on the following directions:- (i) Within one week from the date of receipt of a web copy of this order, it will be open for the petitioner to appear before the Investigating Authority and place on record, the order passed by the disciplinary authority and also the surcharge order. The Investigating Authority shall examine the petitioner or any other witness; (ii) The officers concerned, namely, the Joint Registrar or the Deputy Registrar, as the case may be, shall furnish all the records that are needed by the Investigating Authority, within two weeks from the date of receipt of a web copy of this order;
(iii) The Investigating Officer shall complete the investigation 4/7
and file a Final Report in the manner known to law as expeditiously as possible by duly and properly recording the statements of all the witnesses and not by merely relying upon the statements that are recorded during the course of inquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. It is not necessary to conduct a very rowing inquiry and to examine large number of witnesses. The Investigating Authority shall understand the crux of allegation relating to misappropriation or misuse of power, etc., and to examine and record the statement of the relevant witnesses and mark the relevant documents alone. Normally, Section 81 inquiry will contain a volume of documents and witnesses. The Investigating Officer is not bound by the same and shall complete the investigation objectively and file a Final Report in the manner known to law as expeditiously as possible, in any event, not later than twelve weeks from the date of receipt of a web-copy of this order. (iv) Consequently, connected miscellaneous petition is closed. 29.06.2026 : no grs 5/7
To
1. The Inspector of Police, Economic Offence Wing - II, Vellore District, Vellore - 9.
(Crime No.1 of 2024)
2. The Deputy Registrar of Cooperative Societies, Ranipet Circle, A Block, No.7, 3rd Floor, Bharathi Nagar, Ranipet - 632 404.
3. The Public Prosecutor, High Court of Madras.
6/7
D.BHARATHA CHAKRAVARTHY, J.
grs and Crl.M.P.No.10690 of 2026 29.06.2026 7/7