IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Kalaiselvan – Appellant
Versus
State rep.by The Superintendent of Police C.C.I.W-CID Chennai – Respondent
| Table of Content |
|---|
| 1. fir details and basis in biased enquiry report. (Para 1 , 2 , 3 , 10) |
| 2. quashing of initial enquiry; exoneration in fresh enquiry. (Para 4 , 5 , 12 , 13) |
| 3. prosecution arguments on conspiracy and investigation powers. (Para 6 , 7 , 8 , 16) |
| 4. precedents and reasoning against sustaining fir on flawed basis. (Para 15 , 17 , 18 , 19) |
| 5. fir quashed; petition allowed. (Para 20) |
O R D E R
The present petition has been filed by the 12th accused seeking to quash the F.I.R in Crime No.1 of 2019 on the file of the Inspector of Police, C.C.I.W-CID, Ramanathapuram District to quash the F.I.R wherein the petitioner is alleged to have committed offences under Sections 420, 408, 409, 468, 471, 477-A and 120-B of I.P.C.
2.A perusal of the F.I.R reveals that the petitioner who is arrayed as 12th accused was the Co-operative Sub-Registrar and during the period between 15.10.2015 to 31.03.2016, several bogus loans have been created and a sum of Rs.53,90,018/- have been misappropriated. Apart from the petitioner herein, 13 others who are the officials of the Co-operative Societies like President, Secretary and other Board Members of the Co-operative Societies have also made as accused
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