Madras High CourtCRL OP(MD)/4341/2020dismissed

Jagadeeshpandi v. The Inspector Of Police

2020-03-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4341 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4341 of 2020 and Crl.M.P.(MD) Nos.2436 and 2437 of 2020 Jagadeeshpandi ... Petitioner Vs.

1.State rep by The Inspector of Police, District Crime Branch, Tirunelveli District.

(Crime No.19 of 2017) 2.Srija ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.1412 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same.

For Petitioner : Mr.M.Saravanan For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1

O R D E R

The petitioner is facing trial in C.C.No.1412 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli, for the offences under Sections 408, 465, 468, 477(A), 381 and 471 of I.P.C. 2.The petitioner was working as accountant in a second respondent institution. The allegation of the employer is that the petitioner had fabricated certain documents and misappropriated amounts to the tune of Rs.36, 22,460/-. The complaint of the employer was registered as Crime No.19 of 2017 and after investigation final report was filed against the petitioner before the Jurisdictional Magistrate, the same has also been taken on file. To quash the same, this criminal original petition has been filed. 3.The petitioner's counsel reiterated all the contentions set out in the memorandum of grounds.

4.I am afraid that in view of the factual nature of the contentions, this Court will not be justified in going into the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4341 of 2020 same. Therefore, leaving open all the contentions and defences, this criminal original petition stands dismissed. Considering the other facts and circumstances of the petitioner, the personal appearance of the petitioner is dispensed with. Therefore, the trial court shall not insist on his appearance unless it is necessary or imperative. Of course, he has to appear on three occasions, namely, to answer the charges, at the time of examination under Section 313 of Cr.P.C. and again, at the time of pronouncement of judgment On all other occasions, he shall be represented by his counsel. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS ) Ias To:

1.The Judicial Magistrate No.I, Tirunelveli.

2. The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+1 CC to Mr.M.SARAVANAN, Advocate ( SR-10972[F] dated 11/03/2020 ) Crl.O.P(MD)No.4341 of 2020 10.03.2020 MK (20.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2