Madras High CourtCRL OP(MD)/7729/2015dismissed

V.Veeramani v. The Inspector Of Police

2019-10-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.7729 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.7729 of 2015 and M.P.(MD)No.1 of 2015 V.Veeramani ... Petitioner/A3 Vs 1.The State rep. By The Inspector of Police, Commercial Crime Investigation Wing (CCIW-CID), Tirunelveli District. ... Respondent/Complainant 2.Mrs.Periyanayagipushpam ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records in connection with C.C.No.2 of 2015, on the file of the learned Judicial Magistrate No.II, Tirunelveli District and quash the same in respect of him as devoid of merits and abuse of process of law forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.A.Robinson Govt. Advocate (Crl. Side) for R1 : Mr.S.Kumar for R2

O R D E R

The petitioner is figuring as A3 in C.C.No.2 of 2015, on the file of the learned Judicial Magistrate No.II, Thoothukudi, for the offences under Sections 408, 409, 468, 471, 477(A) of I.P.C. 2.The petitioner was a special officer of the Co-operative Society in question during the relevant time. A sum of Rs.39,00,000/- was misappropriated. That led to the registration of Crime No.1 of 2014, on the file of the Inspector of Police, Commercial Crime (CCIW-CID), Tirunelveli District. After investigation, final report was filed against as many as 25 persons. The petitioner is figuring as A3.

3.The learned Government Advocate (Crl. Side) drew my attention to the statement of D.Stalin, recorded under Section 161 (b) of Cr.P.C. In which, the prima facie averments have been made against the petitioner herein. Therefore, I am not in a position to invoke my inherent powers for quashing the impugned proceedings as far as the petitioner is concerned. Therefore, this criminal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7729 of 2015 original petition stands dismissed. However, it is made clear that all the contentions and defences of the petitioner are left open. This Court has not gone into the merits of the matter. The petitioner is in his 60's. Therefore, his personal appearance before the Court stands dispensed with. Consequently, connected miscellaneous petition is closed.

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

1 The Inspector of Police, Commercial Crime Investigation Wing (CCIW-CID), Tirunelveli District.

2 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.S.PALANI VELAYUTHAM, Advocate ( SR-94097[F] dated 24/10/2019 ) Crl.O.P.(MD)No.7729 of 2015 23.10.2019 VB(11.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2