Inordinate delay in criminal proceedings can lead to the quashing of the First Information Report, as it may amount to an abuse of process of law.

The learned Senior counsel appearing for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of quashing the First Information Report pending in Crime No.26 of 1995 on the file of the respondent police registered for the alleged offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. It is submitted by the learned Senior Counsel appearing for the petitioner that the petitioner was working as Executive Officer Grade-III of Arulmigu Ekambareswarar Koil, Chettikuppam, Perambalur District and promoted as Executive Officer Grade-II in the year 1988 and posted at Tiruchengode Arthanathiswarar Temple. It is further submitted that thereafter, he was transferred to Arulmigu Uthamar Koil, Pitchandavar Koil village, Trichy District. The learned senior counsel further submits that a complaint was made against the then Executive Officer, in-charge of the said temple on 11.01.1995 for the alleged occurrence said to have taken place for the period from 01.02.1994 to 31.2.1994 for the offences under Sections 406 and 420 of the Indian Penal Code.

3. It is contended that the allegation against the petitioner is to the effect that while accounts were audited, in the audit report it was informed that a sum of Rs.1,77,942/-was misappropriated by creating fabricated documents. It is submitted that the petitioner is absolutely nothing to do with the alleged offence as he was not in-charge and responsible for writing the accounts in respect of the temple. It is further submitted by the learned Senior counsel that the only allegation levelled against the petitioner is to the effect that he has not properly supervised the maintenance of accounts in respect of the temple. It is contended that on the basis of the registration of the complaint, the petitioner was suspended and the order of suspension was challenged before the Tamil Nadu Administrative Tribunal in O.A.No.4395 of 2002 and the same was allowed and as a result, the petitioner was reinstated in the service and as on date, he is working as Executive Officer-II, Sideswarar Samy Thirukoil, Kanajamalai, Salem District.

4. The learned Senior counsel appearing for the petitioner would contend that the petitioner is now at the verge of retirement and except the pending First Information Report against him, he is having unblemished record in his service.

5. It is contended by the learned Senior counsel that the petitioner has made a representation to the concerned police authorities and as on date the fact remains that the police has not filed any final report. It is further submitted that the petitioner has made a representation to the Inspector of Police on 03.12.2007 and in the representation itself it was written by the respondent police to the effect that the First Information Report pending in Crime No.26 of 1995 for the offence under Sections 406 and 420 of the Indian Penal code was transferred to Samayapuram Police Station on 30.08.1997. It is further submitted that the petitioner has been driven from pillar to post and he is not in a position to know about the fate of crime No.26 of 1995 registered against him. It is further contended that in view of the pendency of the First Information Report in this case, the petitioner has been put into great hardship and irreparable loss and he is not in a position to get retirement benefits at the verge of his retirement.

6. The learned Senior counsel appearing for the petitioner also contended that there is absolutely no progress in the pending First Information Report registered against the petitioner herein and till the date the petitioner has not received any communication from the police authorities. Therefore, it is contended that in view of the inordinate and unexplained delay and in view of the pendency of the First Information Report, the First Information Report is liable to be quashed.

7. The learned Government Advocate (Crl.side) submitted that he has receiv