Madras High CourtCRL OP(MD)/11848/2022disposed of

A.C.Thirumoorthy v. The Inspector Of Police

2024-02-29Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.11848 of 2022 and Crl.M.P(MD) No.7491 of 2022 A.C.Thirumoorthy ... Petitioner/4th Accused Vs.

1.The Inspector of Police, Commercial Crime Investigation Wing, Karur District.

Crime.No.2 of 2018.

...1st Respondent/Complainant 2.The Deputy Registrate of Co-operative Societies, Combined Multi Buildings of Co-Operatives, District Collector's Office Buildings, Backside of Office of District Superintendent of Police, Karur District.

...2nd Respondent/Defacto Complainant Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash all the further proceedings in pursuant to the impugned FIR in Crime No.02 of 2018 on the file of the Inspector of Police, CCIW, Karur District in so far as the petitioner is concerned. 1/4

For Petitioner : Mr.Karthikeyan S For R1 : Mr.S.Manikandan, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.2 of 2018 on the file of first respondent Police and quash the same as illegal as against the petitioner.

2. The learned counsel for the petitioner would submit that the petitioner is a innocent person and a false case has been foisted against him. However, it would suffice, if this Court directs first respondent Police to complete the investigation and also permits the petitioner to canvass all those points before the respondent Police.

3. The learned Government Advocate (Crl.Side) would submit that if the Investigation Officer is satisfied by the points raised by the petitioner and the necessary documents produced by the petitioner, the Investigation Officer will refer the case as further action dropped. 2/4

4. Considering the submissions made by the counsels on either side, the first respondent is directed to complete the investigation within a period of four weeks from the date of receipt of copy of this order. Based upon the result of investigation, the first respondent is directed to refer the FIR in Crime No.2 of 2018 as further action dropped or to file the Charge Sheet. The petitioner is at liberty to canvass all those points before the respondent Police at the time of investigation.

5. With the above direction and liberty, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

29.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 3/4

M.DHANDAPANI,J.

Indu To:

1.The Inspector of Police, Commercial Crime Investigation Wing, Karur District.

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

Crl.O.P.(MD) No.11848 of 2022 29.02.2024 4/4