O R D E R

This Criminal Original Petition is filed to call for the records relating to the proceedings in Special S.C.No.27 of 2021 on the file of the Fast Track Mahila Court, Dharmapuri in so far as the petitioner is concerned and to quash the same.

2. The learned counsel for the petitioner submitted that the respondent police registered a case in pursuance of a complaint given by one Sivasankari, a case has been registered in Cr.No.9 of 2020 for the offence under sections 5(1), 6 of POCSO Act, 2012 and 420, 506(i) IPC against one Lenin. In the complaint, it was alleged that Lenin/A1, on false promise that he would marry her, instigated the minor daughter of the defacto complainant, to fetch the jewels from her house for doing business and believing the words of A1, she fetched the jewels from her house and handed over to A1, who, inturn, pledged the said jewels with muthoot Finance Limited, Dharmapuri Branch through his friend one Arunkumar. A2/petitioner is Branch Manager of Muthoot Finance Limited. After completion of investigation, final report was filed against the said Lenin/A1 for the offence under sections 420, 506(i), 406, 363, 366 IPC and Sec.7 and 8 of POCSO Act and as well as this petitioner/A2 alleging that she has received and pledged the jewels knowing fully well that it is a stolen property and in the final report, she was charged for the offence under section 414 IPC.

3. He further submitted that the first accused had pledged the jewels brought by victim girl through his friend one Arunkumar, son of Subramani with the Muthoot Finance Limited, Dharmapuri Branch, in which, the petitioner is working as a Branch Manager. The jewels were pledged for a sum of Rs.59,500/- on 02.10.2020. In pursuance of a complaint and the statement of the accused, the 1st respondent/police came to the Muthoot Finance Limited and recovered all the jewels from the finance company. In the circumstances, the petitioner being a Branch Manager of Muthoot Finance Limited and no way connected with the criminal case was implicated as A2 in the charge sheet. It is his further submission that the case was originally taken on file against the A1 in Spl.S.C.No.911 of 2020 and the same was disposed of on 28.03.2023 and against this petitioner, the case has been split up in Spl.S.C.No.27 of 2021 which is now pending. The criminal proceedings pending against the petitioner is unsustainable and hence the same is liable to be quashed.

Thus, he seeks to quash the criminal proceedings.

4. The learned Govt. Advocate (crl.side) submitted that the petitioner is working as Branch Manager in Muthoot Finance Limited, Dharmapuri Branch and the jewels weighing 17 grams were pledged at the Muthoot Finance on 2.10.2020 for a sum of Rs.59,500/-, and after investigation, the same was handed over to the 1st respondent on 15.02.2021. The police filed final report, which was taken on file as Spl.S.C.No.27 of 2021 at Fast Track Mahila Court, Dharmapuri. The case is now pending against this petitioner. The case against the main accused in Spl.S.C.No.911 of 2022 was ended in conviction on 28.03.2023.

5. Though notice was served on the 2nd respondent, there is no representation for her today when the matter is called. Heard the learned counsel appearing for the petitioner and the learned Govt. Advocate (crl.side) appearing for the 1st respondent and perused the materials and documents available on record.

6. On perusal of records, the fact reveals that the 1st respondent police registered a case against this petitioner and A1 in Cr.No.9 of 2020 in pursuance of the complaint given by one Sivasankari. After investigation final report against the petitioner and A1 was filed. A1 was charged with the offences under sections 420, 506(i), 406, 363, 366 IPC and Sec.7 and 8 of POCSO Act and the petitioner was charged under section 414 IPC. The case against this petitioner is taken on file in S.C.No.27 of 2021. The case against the main accused A1 was split up and taken on file in Sp