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Crl.O.P.Nos.17104 & 22812 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.Nos.17104 & 22812 of 2023 and Crl.MP.Nos.15965, 15966, 10986 & 10988 of 2023

Crl.OP.No.17104 of 2023

R.Natarajan ... Petitioner

Vs.

1.INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE.

2.MUDIKONDAN @ P.SENTHIL KUMAR ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records in CC.No.12 of 2016 on the file of the learned District Munsif Cum Judicial Magistrate-I, Kattumannarkoil,

Cuddalore and quash the same.

For Petitioner : Mr.Manuraj

For Respondents For R1 : Mr.A.Gopinath,

Government Advocate(crl.side)

Crl.OP.No.22812 of 2023

R.Sarasa ... Petitioner

Vs.

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Crl.O.P.Nos.17104 & 22812 of 2023

1.State Rep. By INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, CUDDALORE.

(cr.no.31/2010)

2.MUDIKONDAN @ P.SENTHIL KUMAR ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records relating to the case in CC.No.12 of 2016 pending trial on the file of the learned District Munsif Cum Judicial

Magistrate, Kattumannarkoil, Cuddalore District and quash the same.

For Petitioner : Mr.Manuraj

For Respondents For R1 : Mr.A.Gopinath,

Government Advocate(crl.side)

COMMON ORDER

Both the criminal original petitions have been filed to quash

the proceedings in CC.No.12 of 2016 on the file of the learned District

Munsif Cum Judicial Magistrate-I, Kattumannarkoil, Cuddalore.

2. The case of the prosecution is that the second accused was

selected by the Tamil Nadu Teachers Recruitment Board on 05.08.2010 as Graduate Teacher. The Director of Directorate of Elementary Education, Tamil Nadu vide his order in Na. Ka. No. 26555/T1/2010 allotted the position of Science Teacher at PU Middle School, Vanama Devi contingent to the issuance of an appointment order by the District

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Crl.O.P.Nos.17104 & 22812 of 2023 Elementary Education Officer (A-3) after due verification on 15.09.2010. However, Accused No. 2 was suffering from CAV/Right Hemisphere /Type II Diabetes Mellitus and was admitted in Raja Muthiah Medical College and Hospital, Chidambaram from 11.09.2010 to 09.10.2010 as in-patient and, as a result of which, he could not appear before the District Elementary Education Officer on 15.09.2010. It is the case of the prosecution that in order to secure the allotment/ appointment for Accused No. 2, Accused No. 1 and 2 along with A6 conspired for Accused No. 1 who had the qualification of B.Sc., M.Ed. to impersonate as Accused No. 2. and that Accused No. 3, 4, and 5 aided in execution of the necessary orders. As such, after Accused No. 1 worked for five days from 20.09.2010 -24.09.2010, he proceeded to go on medical leave from

04.10.2010.

3. On the complaint lodged by the second respondent, the first

respondent registered FIR in crime No.31 of 2010 for the offence under Sections 419, 420 & 109 of IPC. After completion of investigation, final report was filed and the same was taken cognizance by the trial court for

the offence under Sections 419, 420, 109 r/w 120(b) of IPC.

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Crl.O.P.Nos.17104 & 22812 of 2023

4. The learned counsel for the petitioners would submit that

both the petitioners are arrayed as A3 and A6. They have nothing to do with the crime as alleged by the second respondent. There is absolutely no allegation against them. He further submits that the third accused is the Headmistress of the Panchayat Union Middle School, Vanamadevi, Kattumannarkoil and the sixth accused is the Headmaster of the Panchayat Union Primary School, Pattikollai, Kattumannarkoil. Even according to the second respondent, there is absolutely no specific allegation again