Thirugnanasambandam v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.29492 of 2008 and M.P.No.1 of 2008 Thirugnanasambandam .. Petitioner Vs.

State rep. by 1.Sub-Inspector of Police Thookanambakkam police station Cuddalore District.

2.The Commissioner Panchayat Union Cuddalore.

(Impleaded the second respondent as per the order of this Court dated 22.10.2009 in M.P.No.1 of 2009) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records and quash the charge sheet in C.C.No.201/2005 pending on the file of the learned Judicial Magistrate No.I, Cuddalore.

For Petitioner :Mr.S.Shankar For R1 :Mr.C.Emalias Additional Public Prosecutor R2 : served

O R D E R

This petition is filed for quashing the charge sheet in C.C.No.201/2005 pending on the file of the learned Judicial Magistrate No.I, Cuddalore.

2.The learned counsel for the petitioner submits that on the basis of the complaint given by the second respondent, a case has been registered against the petitioner in Crime No.63 of 2002 for an offence under Section 409 IPC. He further submits that while the petitioner was working as a Noon Meal Organiser at Panchayat Union Middle School, Kalaiyur, Cuddalore Taluk, it is alleged that he had misappropriated a sum of Rs.99,908.78 and hence, the second respondent lodged the complaint. After https://hcservices.ecourts.gov.in/hcservices/

investigation, a charge sheet has been filed and the same was taken on file in C.C.No.201 of 2005. During pendency of the same, even the petitioner had paid the entire amount, the case has been pending from the year 2005 onwards. Hence, he has come forward with this petition for the above stated relief. 3.Today, the second respondent viz., V.Muthaiya, Additional Block Development Officer, appears before this Court and submits that since entire amount has been paid by the petitioner, he does not want to pursue the matter further and that he has no objection to quash the proceedings in C.C.No.201 of 2005. 4.Recording the above said submissions so made by the second respondent, this Court is inclined to quash the proceedings in C.C.No.201 of 2005, as nothing survives in this petition.

Accordingly, the Criminal Original Petition stands allowed and the proceedings in C.C.No.201 of 2005 on the file of the learned Judicial Magistrate No.I, Cuddalore, is hereby quashed. Consequently, connected Miscellaneous Petition is closed.

1. The Judicial Magistrate No.1, Cuddalore.

2. Sub-Inspector of Police Thookanambakkam police station Cuddalore District.

3. The Commissioner Panchayat Union Cuddalore.

4. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.S.Shankar, Advocate SR 17531 ca(co) prk31/3 Crl.O.P.No.29492 of 2008 and M.P.No.1 of 2008 https://hcservices.ecourts.gov.in/hcservices/