The Madurai Bench of Madras High Court rejected a plea to quash an FIR regarding alleged misappropriation but directed the police to file a final investigation report within six months to address the petitioner's suspension.
The respondent police directed to complete the investigation in Cr.No.2 of 2019 and file a final report within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.3539 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.3539 of 2020
G.Mohan
... Petitioner/A1
versus
... 1st respondent/Complainant
Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.2 of 2019 on the file of the 1st respondent herein and to quash the same.
For Petitioner : M/s.S.Muthalraj For R1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor
ORDER
This petition is filed to quash the FIR in Crime No.2 of 2019 on the file of the 1st respondent herein.
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Crl.O.P.(MD)No.3539 of 2020
money to the tune of Rs.94,09,928/- in construction of check dams under NABARD Scheme. According to the learned Additional Public Prosecutor, a preliminary enquiry was conducted in this regard and the preliminary enquiry reveals that without doing work, the accused created bogus bills and they have misappropriated the public money. According to him, out of 277 works, 18 works have been carried out and 73 works have been partly completed and without doing 186 works, they have swindled the amount.
5. I have considered the rival submissions.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
ogy/ksa
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 https://hcservices.ecourts.gov.in/hcservices/ responsibility of the advocate/litigant concerned.
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Crl.O.P.(MD)No.3539 of 2020
To
Crl.O.P.(MD)No.3539 of 2020
06.07.2020
KK(10.07.2020) 3P 3C
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2 issues framed by the court
Whether the Criminal Original Petition under Section 482 CrPC, 1973 seeking quashing of the FIR should be entertained to enable the investigation into misappropriation of funds.
Whether a direction should be issued to the Police to complete the investigation within a stipulated time to determine the petitioner's service status.
G.Mohan
Inspector of Police, Vigilance and Anti Corruption Unit, Virudhunagar
Raja
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
