THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8140 OF 2011 ORDER: The petitioner filed the present petition with a prayer to quash the First Information Report registered against the petitioner for offences under Sections 379 and 381 of I.P.C. The brief facts of the case are as follows: The petitioner herein was working as a Clerk in the company of the defacto complainant. During the relevant period, when the complainant was not in his office, a sum of Rs. 1,50,000/- and also 135 documents pertaining to automobile finance were taken by the petitioner herein, for which, the defacto complainant lodged a complaint. The petitioner preferred this petition stating before this Court that he has not committed theft of the said money or the documents. Heard the learned counsel for the parties and perused the entire record. There is a dispute between the defacto complainant and other partners and the petitioner handed over the documents to the husband of one of the partners, who has also filed an affidavit before this Court stating that he has received the entire documents, which were stated to have been stolen from the defacto complainant’s office. Considering the rival submissions and also the affidavit filed by Sri B. Venkata Narsaimha Murthy, who is the husband of one of the partners, this Court is of the view that the matter can be investigated by the respondent-police in order to find out whether there is actual entrustment by the petitioner and whether the present complaint is filed with some motive to implicate the other partners. Hence, the respondent-police are directed to complete the investigation of the case without arresting the petitioner and file final report either way. Further, the petitioner as well as the defacto complainant are directed to cooperate with the investigation officer and to produce all the relevant documents required by him in connection with the investigation of the aforesaid case. With the above directions, the Criminal Petition is disposed of. ____________________ JUSTICE RAJA ELANGO Dated : 17.10.2011 pnb