The main legal point established in the judgment is the importance of conducting proper and unbiased investigations in criminal cases, especially in matters involving forgery and cheating allegations.

JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in pursuant to C.C.No.61 of 2015 pending disposal on the file of the Judicial Magistrate No.VI and quash the same.)

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.61 of 2015, pending on the file of the Judicial Magistrate Court No.VI, Coimbatore.

2. The 2nd respondent company lodged a complaint against the petitioner before the 1st respondent Police on 18.05.2003 and the same was registered in Crime No.166 of 2003, for offence under Section 457 and 420 IPC. Gist of the complaint is that the 2nd respondent is the company viz., M/s.Micro Electric Controls, Periyanaickenpalayam, Coimbatore. The petitioner was employed as Machine Operator in the 2nd respondent company in the year 1998. On 29.07.1998, the petitioner gave resignation letter to the 2nd respondent company in presence of LW2, LW4 & LW5 that he was unable to continue with his work. On 30.07.1998, the petitioner-s dues settled and he was relieved from the service. Suppressing the same, the petitioner filed a case before the Labour Court, Coimbatore in I.D.No.332 of 1999 claiming that his signature found in the resignation letter, dated 29.07.1998 is forged and that he used to sign without any line, but in the resignation letter, there is a line below the signature. After proper adjudication, I.D.No.332 of 1999 ended in favour of the petitioner on 11.03.2002. Aggrieved by the award passed by the Labour Court, Coimbatore, dated 11.03.2002, the 2nd respondent filed a Writ Petition in W.P.No.7781 of 2003 before this Court and also filed W.M.P.No.10000 of 2003 for stay of operation of award, dated 11.03.2002, wherein this Court, by order, dated 12.03.2003 had granted interim stay directing the 2nd respondent company to deposit the entire backwages to the petitioner. Challenging the order of stay, dated 12.03.2003, the 2nd respondent preferred an appeal in W.A.No.1666 of 2003 and this Court, by order, dated 24.08.2006 confirmed the order of the stay, dated 12.03.2003. Thereafter, this Court, by order, dated 23.12.2009 dismissed the Writ Petition in W.P.No.7781 of 2003.

3. The petitioner filed a petition in C.P.No.52 of 2010 before the Labour Court, Coimbatore seeking arrears of his wages and to comply with the order of the Labour Court, Coimbatore in I.D.No.332 of 1999. Thereafter, the 2nd respondent company filed Interlocutory Application in I.A.No.287 of 2015 in C.P.No.52 of 2010 to pass an order to send the documents to the Forensic Lab and the same was dismissed on 01.06.2015. Thereafter, C.P.No.52 of 2010 ended in favour of the petitioner, against which, the 2nd respondent company filed a Writ Petition in W.P.No.150 of 2022 and the same is pending. Further, the 2nd respondent filed Crl.O.P.No.1 of 2012 under Section 340 r/w 195(i)(b) of Cr.P.C., before the Labour Court, Coimbatore and the same was dismissed on 24.07.2017.

4. In the year 2004, the FIR registered against the petitioner in Crime No.166 of 2003 was closed as Mistake of Fact for the reason that the forged resignation letter was not produced and served the notice in R.C.S.No.230 of 2004, dated 17.06.2004 to the 2nd respondent company. Thereafter, in the year 2006, the trial Court destroyed the records in Crime No.166 of 2003. After termination of the proceedings before the Labour Court, Coimbatore as well as before this Court, the original resignation letter was obtained from the Labour Court, Coimbatore and the 2nd respondent company filed a petition for further investigation under Section 173(8) Cr.P.C., on 17.11.2012 in C.M.P.No.908 of 2013 in Crime No.166 of 2003 before the trial Court. At that time, the 2nd respondent company was informed about the destruction of case records, hence, he filed a petition in C.M.P.No.899 of 2013 for reconstruction of the case records in Crime No.166 of 2003. The trial Court, by order, dated 06.02.2013 ordered