Madras High Court
K.Mathivanan vs The Deputy Superintendent Of ... on 17 November, 2021
Crl.O.P.(MD)No.5553 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.5553 of 2021
and
Crl.M.P.(MD)Nos.3184 & 3185 of 2021
K.Mathivanan ... Petitioner/
4th accused
vs.
1.The Deputy Superintendent of Police,
Commercial Crime Investigation Wing,
Vilupuram (in charge),
Thanjavur Sub Division.
2.The Inspector of Police,
Commercial Crime Investigation Wing,
Tiruchirappalli.
(Ref: Crime No.1 of 2014) ... Respondents 1&2/
Complainants
3.K.Athmanathan ... Respondent 3/
Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
call for records in C.C.No.113 of 2016 on the file of the Judicial
Magistrate, Musiri and quash the charge sheet and consequential all
further proceedings as against the petitioner.
For Petitioner : Mr.D.Shanmugha Rajasethupathi
for Mr.D.Senthil
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor for R1&R2
https://www.mhc.tn.gov.in/judis
1/4
Crl.O.P.(MD)No.5553 of 2021
ORDER
The petitioner herein is figuring as eighth accused in C.C.No.113
of 2016 on the file of the Judicial Magistrate, Musiri. The petitioner was
the Special Officer of Thulaiyanatham Primary Agricultural Co-operative
Credit Society during 2010-11. Alleging that society funds have been
misappropriated, Crime No.1 of 2014 came to be registered on the file of
the Inspector of Police, Commercial Crime Investigation Wing,
Tiruchirappalli. The matter was investigated and final report came to be
laid against a number of persons. Out of them, one V.Sudhanthiramani,
who was the Co-operative Auditor, filed Crl.O.P.(MD)No.8494 of 2018.
By order dated 06.11.2019, a learned Judge of this Court quashed the
proceedings.
2. I am more than satisfied that the petitioner is identically placed
and hence, the aforesaid order dated 06.11.2019 in Crl.O.P.(MD)No.
8494 of 2018 comes to his rescue. It was held in that judgment that mere
negligence in the matter of discharge of duties cannot attract any criminal
liability. The petitioner did not misappropriate the society's funds. It
appears to have been done by the employees of the societies. The
petitioner was probably negligent. Negligence by itself is not sufficient.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.5553 of 2021
3. Therefore, the impugned proceedings is quashed insofar as the
petitioner is concerned. The jurisdictional Magistrate is directed to
forthwith serve the copies on the remaining accused and conclude the
proceedings on merits and in accordance with law as early as possible.
4. Accordingly, this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petitions are closed.
17.11.2021
Index : Yes/No
Internet : Yes/No
csm/mga
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Deputy Superintendent of Police,
Commercial Crime Investigation Wing,
Vilupuram (in charge),
Thanjavur Sub Division.
2.The Inspector of Police,
Commercial Crime Investigation Wing,
Tiruchirappalli.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.5553 of 2021
G.R.SWAMINATHAN, J.
csm/mga
Crl.O.P.(MD)No.5553 of 2021
and
Crl.M.P.(MD)Nos.3184 & 3185 of 2021
17.11.2021
https://www.mhc.tn.gov.in/judis
