BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 14-10-2025 Pronounced on : 23.10.2025 CORAM THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16625 of 2023 and CRL MP(MD)No. 13229 of 2023 P.Uma Sankari Petitioner(s)

Vs

1.The Stae Represented by Inspector of Police, Commercial Crime Investigation Wing, Madurai Rural.

2.The Deputy Registrar, Cooperative Soceity, Usilampatti (i) Thirumangalam, 23/4, Rajaram 11th Street, Jawahar Nagar, Thirumangalam 625 706, Madurai District.

Respondent(s)

For Petitioner(s): Mr.C.Padmaraj For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side)

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the impugned FIR in Crime No.1 of 2020 on the file of the Inspector of Police, Commercial Crime Investigation Wing, Madurai Rural, to quash the same.

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.1 of 2020 on the file of Inspector of Police, Commercial Crime Investigation nd Wing, Madurai Rural, on the complaint of the 2 respondent / defacto complainant dated 06.03.2020 for the alleged offences under Sections 408, 420, 468, 471, 477-A and 120-B of IPC, in respect of the petitioner alone, wherein nd the petitioner was arrayed as 2 accused and the allegation against the petitioner is lack of exercising supervisory power.

2. The alleged occurrence is between 02.06.2011 to 12.10.2011. The case st of the prosecution is that the 1 accused N.Sekar who was employed as Secretary of MD.Spl.28 Primary Cooperative Society, Melathirumanickam Village, Peraiyur Taluk, Madurai District by abusing his official position had forged the signatures of agricultural farmers / beneficiaries and misappropriated the crop insurance amount allotted by the government. During 2008 to 2012, the petitioner who was appointed as Special Officer to monitor the proper functioning of the society. But it is alleged the petitioner failed to supervise the proper disbursement of Crop Insurance to the farmers. During the year 2011, 149 farmers (62 farmers and 87 non-farmers) were listed as eligible beneficiaries for crop insurance and the allotted amount is Rs.4,86,999-90 but were not properly distributed to all the affected farmers, it appears on random examination of 38 witnesses revealed that 14 had received, 14 had not received, 4 partly received, 6 beneficiaries admitted their signatures in the vouchers but st did not receive the crop insurance, that vouchers were prepared by the 1 st accused N.Sekar, Secretary of the Society. Further it was alleged that the 1 accused fabricated, forged the signatures of the beneficiaries and misappropriated a sum of Rs.2,12,523/-. On the basis of the said allegation the st above FIR in Crime No.1 of 2020 was registered against the 1 accused /

nd N.Sekar Secretary of the Society and 2 accused / P.Uma Shankari Special Officer.

3. The primary contention of the Learned Counsel appearing for the petitioner is that clause 8 of the Tamil Nadu Cooperative Manual is applicable wherein it states for lack of supervision, the departmental officers who are not directly involved in the frauds or misappropriations need not be included as delinquents in a routine manner in the inquiry reports or complaints filed with the police. The relevant portion is extracted hereunder:

“8. Departmental Officers are working on foreign service in Cooperative organization as Chief Executive Officers or otherwise and at times, in additions to their regular government post, they are also holding additional charge of the post of Special Officers in more than one cooperative society and functioning as such. They are holding supervisory posts also over such institution. The Act or the Byelaw of the society do not differentiate a regular or additional charge Chief Executive Officer/Special Officer and both are the same in the eyes of law. These officers either in a regular capacity and more so in the additional capacity or in a supervisory capaci