Madras High CourtCRL OP(MD)/1859/2022allowed

G.Anandasamy v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1859 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1859 of 2022 and Crl.M.P(MD)Nos.1349 and 1350 of 2022 G.Anandasamy ... Petitioner/Accused No.3 Vs.

1.The State represented by The Inspector of Police, C.C.I.W.C.I.D, Trichy.

(Crime No.4 of 2007)

...Respondent/Complainant

2.The Deputy Registrar of Co-operative Societies, Tiruchirappalli Circle, Tiruchirappalli District....Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records pertaining to C.C.No.81 of 2010 on the file of the learned Judicial Magistrate No.II, Tiruchirapalli, quash the same.

For Petitioner : Mr.A.Saravanan For M/s.Pais Lobo and Alvares For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2.The petitioner is figuring as an accused in the impugned calender case.

3.The specific stand of the petitioner is that he joined the Co-operative Society in question as President on 31.10.1996. It is beyond dispute that this was subsequent to the commission of the crime. The society funds had been misappropriated. But, the misappropriation had taken place before the petitioner joined the society as President.

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Crl.O.P(MD)No.1859 of 2022 4.Therefore, implication of the petitioner appears to be without any basis. When there is no legally acceptable material to connect the petitioner with the crime, continuation of the prosecution against him is unwarranted. It would also amount to abuse of legal process. In this view of the matter, the impugned proceedings are quashed, insofar as the petitioner is concerned. The prosecution will go on against the remaining accused. 5.This Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate, No.II, Trichy.

2.The State represented by The Inspector of Police, C.C.I.W.C.I.D, Trichy.

3.The Deputy Registrar of Co-operative Societies, Tiruchirappalli Circle, Tiruchirappalli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.1859 of 2022 02.02.2022 KS(CO) TR(07.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2