C. Elango v. State rep by The Inspector of Police, C. C. I. W. (Commercial Crime Investigation Wing) Police Station, Pudukkottai
2017-07-05
S.S.SUNDAR
body2017
DigiLaw.ai
ORDER : This Criminal Original Petition has been filed praying this Court to call for the records relating to FIR in Crime No.4 of 2017 on the file of the 1st respondent and to quash the same. 2. Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl.side) appearing for the first respondent and perused the materials placed before this Court. 3. The learned counsel for the Petitioner himself has stated that a case has been registered in Crime No.4 of 2017, on the file of the first respondent. The learned counsel would further submit that the accused has caused a loss to the tune of Rs.1,19,336/- to the Society by certain irregularities. When surcharge proceedings were initiated against the accused, the Petitioner submit that the entire amount which was alleged as loss to the society was repaid by the accused and that therefore, surcharge proceedings were closed. Having admitted by their conduct that there was a loss to the tune of Rs.1,19,336/- and that they have deposited the said amount, the Petitioner has also indirectly admitted the misconduct for which a criminal case has been registered. Hence prima facie case has been made out as against the accused. In such circumstances, this Court is not inclined to exercise the power conferred under Section 482 of Cr.P.C to quash the FIR lodged against the Petitioner. Therefore this Court is not inclined to entertain this petition to quash the FIR as prayed for by him. 4. Accordingly, the Criminal Original Petition is dismissed with an observation that the findings above recorded will not prejudice the rights of the Petitioner while defending the criminal case. Consequently, connected Miscellaneous Petition is dismissed.