M.Muthuselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.10.2023.

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and Crl.M.P.(MD).No.6843 of 2020 M.Muthuselvam ... Petitioner Vs.

1.State Rep by The Inspector of Police, CCIW CID, Tirunelveli, (Crime No.4 of 2017) 2.Valarmathi Deputy Registrar, Co-operative Societies, Cheranmahadevi Taluk, Tirunelveli District.

... Respondents PRAYER: Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the C.C.No.1415 of 2019, pending on the file of the learned Judicial Magistrate No-II,(CCIW), Tirunelveli and quash the Charge Sheet as against the petitioner herein.

For Petitioner : P.Saravanakumar For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl.Side) for R1 : No appearance for R2

O R D E R

This criminal original petition has been filed as against the proceedings in C.C.No.1415 of 2019, pending on the file of the learned Judicial Magistrate No-II,(CCIW), Tirunelveli and quash the Charge Sheet as against the petitioner.

2. The case of the prosecution is that the defacto complainant is the Deputy Registrar of Co-operative Societies, Cheranmahadevi. On 20.06.2016, vide audit conducted in O-1942, Sivanthipuram Primary Agricultural Credit Co-operative Society Ltd., the defacto complainant noticed some discrepancies during the period between 01.04.2013 to 24.06.2016 in respect of issuance of jewel-loans and pending arrears of remittance towards collections of jewel-loans. An enquiry under Section 81 was conducted and report was submitted alleging that all the accused persons committed loss to the tune of Rs.72,00,929/- and thereafter, based

on the complaint of the second respondent, the FIR was registered in Crime No.4 of 2017 for the alleged offences under Sections 408, 409, 468, 477-A, 465, 471, 109, 120-B of IPC.

3. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, submits that pending this criminal original petition, the trial was commenced and all the witnesses have been examined. At this stage, the petitioner sought permission to raise their contention before the trial Court.

4. By taking note of the same, this Criminal Original Petition stands closed. The petitioner is at liberty to raise his contentions before the trial Court. Consequently, connected miscellaneous petition is closed. 12.10.2023 4/4 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

To 1.The Judicial Magistrate No-II,(CCIW), Tirunelveli.

2.The Inspector of Police, CCIW CID, Tirunelveli.

3.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

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

K.K.RAMAKRISHNAN, J.

sbn and Crl.M.P.(MD).No.6843 of 2020 12.10.2023 4/4