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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J.
G. Rajendran – Petitioner
Versus
The Sub-Inspector of Police District Crime Branch – Respondent
Crl.O.P.Nos.2374 to 2380 of 2015 and M.P.Nos.1 to 1 of 2015
Decided On : 11-11-2022
Criminal Procedure Code,1973 - Section 482 - Indian Penal Code,1860 - Sections 465, 468, 471, 477(A), 420 r/w 109 - Tamil Nadu Panchayats Act, 1994 - Section 192 and 193 - Cheating and dishonesty - Money and cheated the Government fund - Block Development officer during the period - Second petitioner/A4 was employed as Block Development officer during the period third petitioner/A5 was employed as Block Development officer during the period - Held, Social Welfare schemes Eye camps and execution of works entrusted to Panchayat union under DDP and MPLAD - Clear demarcation of duties and responsibilities, no case is made out against the petitioners, who are Block Development Officers - Continuation of proceedings against petitioners would amount to abuse of process of law - Proceedings against the petitioners/Block Development Officers - Criminal Original Petitions are allowed
ORDER :
PRAYER : Criminal Original petition filed under Section 482 Cr.P.C. praying to call for the records and quash the charge sheet No.1 of 2009 in C.C.No.88 of 2009 pending before the learned Judicial Magistrate No.1, Ulundurpet.
These Criminal Original Petitions have been filed to quash the Charge Sheet Nos.1 to 7 of 2009 dated 02.09.2009 in C.C. Nos.88 to 94 of 2009, respectively, on the file of the learned Judicial Magistrate No.1, Ulundurpet.
2. (i) The petitioner/Accused No.3 in C.C.No.88 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, has filed quash petition in Crl.O.P.No.2374 of 2015.
(ii) The petitioner/Accused No.3 in C.C.No.89 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, has filed quash petition in Crl.O.P.No.2375 of 2015.
(iii) The petitioners/Accused Nos.3 to 8 & 11 in C.C.No.90 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, have filed quash petition in Crl.O.P.No.2376 of 2015.
(iv) The petitioners/Accused Nos.3 to 6 in C.C.No.91 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, have filed quash petition in Crl.O.P.No.2377 of 2015.
(v) The petitioners/Accused Nos.3 to 5 in C.C.No.92 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, have filed quash petition in Crl.O.P.No.2378 of 2015.
(vi) The petitioners/Accused Nos.3 to 6 in C.C.No.93 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, have filed quash petition in Crl.O.P.No.2379 of 2015.
(vii) The petitioners/Accused Nos.3 to 4 in C.C.No.94 of 2009 facing prosecution for the offence under Sections 465, 468, 471, 477(A), 420 r/w 109 I.P.C, have filed quash petition in Crl.O.P.No.2380 of 2015.
3. The case of the prosecution is that A-1/Sathiyamurthy was the President of A.Sathanoor Village Panchayat, Ulundurpet Taluk from 26.10.2001 onwards. A-2/Tmt.Selvam in Crl.O.P.Nos.2374, 2375, 2376, 2377 & 2378 of 2015 was the Vice President from 26.10.2001 to 24.10.2006.
A2/Selvi.Ambika in Crl.O.P.Nos.2379 & 2380 of 2015 was the Vice President from 26.10.2006 onwards.
(i) The petitioner/A3 in Crl.O.P.No.2374 of 2015 was employed as Block Development officer in Ulundurpet Panchayat Union, Villupuram District during the period from 30.08.2001 to 05.06.2002.
(ii) The petitioner/A3 in Crl.O.P.No.2375 of 2015 was employed as Block Development officer in Ulundurpet Panchayat Union, Villupuram District during the period from 06.06.2002 to 02.07.2003.
(iii) The petitioners/A3 to A8 & A11 in Crl.O.P.No.2376 of 2015 were employed as Block Development officers in Ulundurpet Panchayat Union, Villupuram District. The first petitioner/A3 was employed as Block Development officer during the period from 06.06.2002 to 02.07.2003, the second petitioner/A4 was employed as Block Development officer during the period from 03.07.2003 to 22.10.2003, the third petitioner/A5 was employed as Block Development officer during the period from 23.10.2003 to 29.10.2003, the fourth petitioner/A6 was employed as Block Development officer during the period from 30.10.2003 to 11.01.2004 and another period from 11.02.2004 to 26.02.2004, the fifth petitioner/A7 was employed as Block Development officer during the period from 12.01.2004 to 25.01.2004 and another period from 01.02.2004 to 03.02.2004, the sixth petitioner/A8 was employed as Block Development officer during the period from 26.01.2004 to 28.01.2004 and the seventh petitioner/A11 was employed as Block Development officer during the period from 27.02.2004 to 07.04.2004.
(iv) The petitioners/A3 to A6 in Crl.O.P.No.2377 of 2015 were employed as Block Development officers in Ulundurpet Panchayat Union, Villupuram District. The first petitioner/A3 was employed as Block Development officer during the period from 27.02.2004 to 07.04.2004, the second petitioner/A4
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