FIR quashed when based on biased enquiry report set aside, especially after exoneration in fresh statutory enquiry.

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 12^th 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 persons.

3.The F.I.R has been registered on the basis of the complaint lodged by the Deputy Registrar of Co-operative Society based upon an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act.

4. According to the learned counsel appearing for the petitioner, the enquiry report under Section 81 of the Tamil Nadu Co-operative Societies Act was put to challenge by the 11^th accused in the said case before this Court in W.P(MD).No.3719 of 2019. This Court by an order dated 08.12.2022 had set aside the enquiry report submitted by the Co-operative Sub Registrar Thiru.Madasamy on 12.06.2018.

5.The learned counsel had further submitted that subsequently a fresh enquiry under Section 81 of the Act was conducted by a different officer and he was exonerated and in such circumstances, there is no basis whatsoever for the allegation as against the petitioner with regard to misappropriation.

Hence, he prayed for quashing of the F.I.R as against him.

6.Per contra, the Government Advocate (Crl.side) appearing for the respondents submitted that as per case of the prosecution during the period between 14.08.2012 to 31.03.2016, all the accused persons were connected with the affairs of Kaavadipatti Primary Agricultural Co-operative Credit Society, Kaavadipatti, Kamuthi Taluk, Ramanathapuram District. In violation of the Government Orders, all the accused persons have prepared a beneficiary list under Agricultural Loan Waiver Scheme for the year 2015-2016. In view of the criminal conspiracy among all the accused persons, cheated the society to the tune of Rs.53,90,018/- by concocting false report of the waiver. A sum of Rs.11,98,338/- has already been recovered.

7.The learned Government Advocate (Crl.side) had further submitted that during the course of investigation, 57 witnesses were examined and their statements recorded under Section 161(3) Cr.P.C have been recorded. He further submitted that similar quash petitions filed by accused Nos.14 and 15 have been dismissed by this Court in Crl.OP(MD).No.4750 and 4257 of 2019. He had further stated that the statutory enquiry report under Section 81 of the Tamil Nadu Co-operative Societies Act was quashed by this Court only on the ground of violation of principle of natural justice as the enquiry officer was biased.

8.The learned Government Advocate (Crl.side) had further submitted that when specific allegations have been made as against the petitioner herein to the effect that he had entered into the criminal conspiracy caused loss to the Bank by way of misappropriation to a tune of Rs.53,90,018/-, the said issue could be decided only during the trial and it is not a fit case for quashing of the F.I.R. He relied upon a decision of the Hon'ble Supreme Court reported in 2023 INS 710 (Dhanraj N Asawani Vs.Amarjeetsin