Madras High CourtCRL OP(MD)/5631/2015dismissed

Sundaram, M/46 v. The Inspector Of Police,

2019-10-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD).Nos.5631 & 5632 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.5631 & 5632 of 2015 Sundaram ... Petitioner/Accused in both petitions Vs.

1. The Inspector of Police, CCIW-CID, Thapalthanthi Nagar, Madurai City.

(Crime No.1 of 2014) ... 1st Respondent/Complainant

2. Mareeswaran, Deputy Registrar of Co-operative Societies, Central Co-operative Bank, Madurai.

... 2nd Respondent/ Defacto Complainant in both petitions Common Prayer: Criminal Original petitions are filed under Section 482 of Cr.P.C, to call for the records in C.C.Nos.7 and 8 of 2015 on the file of the Judicial Magistrate No.III(CCIW), Madurai and quash all further proceedings as against the petitioner/accused No.1. (in both Crl.O.Ps.) For Petitioner : No appearance.

For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side) For R-2 : Mr.S.Kumar C O M M O N O R D E R None appears for the petitioner.

2. The petitioner in both these Criminal Original petitions are one and the same. He was the Manager of the District Central Cooperative Bank, Madurai from 28.02.2010 till 26.10.2012. He is said to have committed misappropriation to the tune of Rs.60,000/- + Rs.11,86,300/- = 12,46,300/-. He is also said to have manipulated https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).Nos.5631 & 5632 of 2015 the documents in question. In this regard, Crime No.1 of 2014 was registered on the file of the Inspector of Police, C.C.I.W/CID, Madurai City. Two final reports were filed. They were taken on file in C.C.Nos.7 and 8 of 2015 on the file of the Judicial Magistrate No.III, Madurai. To quash the same, this Criminal Original petition has been filed.

3. I went through the memorandum of grounds. The contentions raised by the petitioner are factual in nature. No ground has been made out for invoking the inherent powers of this Court. Hence, both these Criminal Original petitions stand dismissed.

4. The learned trial Magistrate is directed to conclude the trial in C.C.Nos.7 and 8 of 2015 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate No.III, Madurai-1.

2. The Inspector of Police, CCIW-CID, Thapalthanthi Nagar, Madurai City.

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

Crl.O.P.(MD)Nos.5631 & 5632 of 2015 01.10.2019 JMN(11.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2