P.Pandi vs The State Represented By Its
2023 Latest Caselaw 8276 Mad

                                                                           Crl.O.P.(MD)No.12636 of 2023



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 13.07.2023

                                                      CORAM:

                                  THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                          Crl.O.P.(MD)No.12636 of 2023
                     P.Pandi                                        ... Petitioner
                                                            Vs.
                     1.The State represented by Its
                      Inspector of Police,
                     B1, Melur Police Station,
                     Madurai District
                     (In Crime No.148 of 2007)

                     2. The Deputy Collector/District Manager,
                     Tamilnadu State Marketing
                     Corporation Ltd., (TASMAC),
                     Madurai District               ... Respondents 1 and 2/Complainants

                     3.S.Thirumalaisamy               ... 3rd Respondent/Defacto complainant


                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to call for the entire records in C.C.No.259 of 2007 on the file of
                     the Judicial Magistrate Court, Melur and quash the same.

                                   For Petitioner      : Mr.S.Raja Mohamed

                                   For R1 & R2         : Mr.E.Antony Sahaya Prabahar
                                                         Additional Public Prosecutor




https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.O.P.(MD)No.12636 of 2023



                                                           ORDER

This Criminal Original Petition is filed seeking a direction to

quash C.C.No.259 of 2007 on the file of the Judicial Magistrate Court,

Melur.

2. It is submitted by the learned counsel for the petitioner that on

the basis of a complaint given by the defacto complainant, case has been

registered against the petitioner and other accused in Crime No.148 of

2007 on the file of the first respondent police. After completion of

investigation, charge sheet is filed against them for the offences

punishable under Sections 408, 468, 471 and 477A IPC and the same is

taken on file as C.C.No.259 of 2007 on the file of the Judicial Magistrate

Court, Melur.

3. It is further submitted by the learned counsel for the petitioner

that the petitioner, who is stated to have misappropriated the amount, has

given back the entire amount to the respondent No.2 on believing the

assurance given by the respondent No.2 that he will reinstate the

petitioner back in service. It is also submitted by the learned counsel for

the petitioner that compromise has been entered into between the

petitioner and the defacto complainant. https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.12636 of 2023

4. On the other hand, the learned Additional Public Prosecutor

submits that the entire trial was completed and arguments were also over

and the trial court has also posted the matter for judgment on 20.12.2021.

5. It is submitted by the learned counsel for the petitioner that on

account of transfer of the concerned Judicial Magistrate, C.C.No.259 of

2007 is again posted for arguments.

5. Considering the fact that the matter is ripe for the judgment, this

Court directs the learned Judicial Magistrate Court, Melur, to dispose of

C.C.No.259 of 2007 within a period of one month from the date of

receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is

disposed of.

                     Index : Yes/No                                                    13.07.2023
                     Internet : Yes/No
                     CM

Note: Issue order copy on 14.07.2023.

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.12636 of 2023

To,

1. The Inspector of Police, Central Crime Branch-II, Madurai City, Mounted police (Kuthiraipadai), Residential Campus, Opp-Bharathi Store, Viswanathapuram, Madurai – 14.

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

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.12636 of 2023

DR.D.NAGARJUN. J.

CM

Crl.O.P.(MD)No.12636 of 2023

13.07.2023

https://www.mhc.tn.gov.in/judis