Nirmal Nesakumar v. The Inspector Of Police
Crl.O.P(MD)No.13683 and 15228 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)Nod.13683 and 15228 of 2014 and M.P.(MD)Nos.1, 1 and 2 of 2014 P.Nirmal Nesakumar ... Petitioner in both Crl.O.Ps.
Vs 1.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai Post, Kanyakumari District.
... Respondent No.1 in both Crl.O.Ps.
2.E.Chelladurai Block Development Officer, (Village Panchayat) Moonchirai Panchyat Union, Kanyakumari District.
... Second Respondent in Crl.O.P(MD)No.13683 of 2014 3.Y.Vargheesh Block Development Officer, (Village Panchayat) Moonchirai Panchyat Union, Puthukadai Post, Kanyakumari District.
... Second Respondent in Crl.O.P(MD)No.15228 of 2014 Prayer in Crl.O.P.(MD)No.13683 of 2014: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in Crime No.219 of 2014 pending on the file of the first respondent police and quash the same.
Prayer in Crl.O.P.(MD)No.15228 of 2014: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in Crime No.359 of 2014 pending on the file of the first respondent police and quash the same.
For Petitioner : Mr.M.Saravana Kumar (in both Crl.O.Ps) For R1 : Mr.A.Robinson Government Advocate (Crl.side) For R2 : Mr.P.palanivelayutham (in both Crl.O.Ps.) https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P(MD)No.13683 and 15228 of 2014 COMMON ORDER The petitioner herein was working as Panchayat Secretary. He is said to have misappropriated the panchayat funds by making alterations in the cheques of the panchayat. In that regard, the Block Development Officer has given a complaint leading to registration of the impugned FIR.
2. The petitioner's counsels states that during the relevant time, the petitioner was not even working in the panchayat in question.
3. I am of the view that this is a matter which has to be gone into by the investigation officer. While exercising inherent jurisdiction, I cannot quash the impugned FIRs. Hence, both the criminal original petitions stand dismissed. This Court has not gone into the merits of the matter. The defences of the petitioner are left open. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai Post, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.M.SARAVANA KUMAR, Advocate ( SR-86987[F] dated 17/09/2019 ) +1 CC to Mr.S.PALANI VELAYUTHAM, Advocate ( SR-87364[F] dated 18/09/2019 ) Crl.O.P(MD)Nos.13683 and 15228 of 2014 and M.P.(MD)Nos.1, 1 and 2 of 2014 16.09.2019 rmi MK (01.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2