BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on: 13.11.2025

Pronounced on : 02.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE S. SRIMATHY

Crl.O.P(MD).Nos.10458, 10463, 10465 of 2023

and

Crl.M.P(MD).Nos.8307 to 8309, 8311 to 8313 of 2023

V.R.Pattabiraman …Petitioner in all cases

..vs..

1. State represented by, The Inspector of Police,

CCIW, Trichy, Trichy District.

(Crime No.1 of 2021)

2.K.Chitra …Respondents in all cases

In all cases:

For Petitioner : Mr. S.Poornachandran

For R1 : Mr.A.S. Abul Kalaam Azad

Government Advocate (Crl. Side)

PRAYER in CRL OP(MD)No.10458 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.227 of 2023

on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned.

PRAYER in CRL OP(MD)No.10463 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.228 of 2023 on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned.

PRAYER in CRL OP(MD)No.10465 of 2023: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to C.C.No.229 of 2023 on the file of the learned Judicial Magistrate V, Trichy and to quash the same in so far as the petitioner is concerned.

COMMON ORDER

These Criminal Original Petitions have been filed to quash the C.C.Nos.227 to 229 of 2023 on the file of the learned Judicial Magistrate V, Trichy in respect of the petitioner.

2. The case of the prosecution is that the case has been registered on

25.03.2021 based on the complaint of the 2^nd respondent. The version of the informant is that she is working as a Deputy Registrar of Cooperative Societies, Lalgudi Circle, Trichy. The enquiry under Section 81 of the Tamil Nadu Cooperative Societies was ordered to verify the genuineness of the loans in Lalgudi Range Teachers and Employees Cooperation Thrift and Credit Society for a period from 01.04.2014 to 31.03.2019. Based on the enquiry report, it came to light that lot of misappropriation took place during the period. The amounts were misappropriated by the Secretary namely, V.R.Pattabiraman and the Assistant Secretary namely, Kennedy Christuraja. During the period, the loss incurred to the Society is Rs.22,00,368/- for which, the interest accrued is Rs.11,63,006/- and totally it is Rs.33,63,374/-. The above said amount was repaid to the Credit Society and hence, there is no loss to the Credit Society. Though there was no loss to the Society as per the Section 81 Enquiry Report of the Tamil Nadu Cooperative Society, the petitioner and another accused in order to get personal gain, misappropriated the societies fund. Hence FIR was filed. Subsequent to the registration of FIR, the 1^st respondent police completed the investigation and filed the Final Report before the Learned Judicial Magistrate V, Trichy for the offences under Sections 120-B, 408, 465, 468, 471, 477 A, 409 and 464 of the Indian Penal Code. The same was taken on file in C.C.Nos.227 to 229 of 2023 on the file of the Learned Judicial Magistrate V, Trichy.

3. The learned Government Advocate (Crl. side) appearing for the 1^st respondent vehemently opposed to allow the quash petition stating that the petitioner was arrayed as accused based on the Section 81 enquiry, wherein it is stated that the petitioner is also involved in the offence, hence prays for dismissal of these petitions.

4. The contention of the petitioner is that the petitioner had not committed any such crime as alleged in the FIR and charge sheet. Even as per the FIR and challan there is no loss to the society. It is seen that the alleged misappropriation of fund was committed by the 2^nd accused namely Kennedy Christuraja, who was serving as Assistant Secretary. The said Kennedy Christuraja had admitted the same and had repaid the entire amount. The only allegation against the petitioner is that the petitioner was se