IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.02.2008 CORAM THE HONOURABLE MR. JUSTICE S. PALANIVELU Crl.O.P.No.5939 of 2007 T.Salammal ... Petitioner Vs 1. State: rep. By Inspector of Police, C.C.I.W./C.I.D., Dharmapuri Unit. (Cr. No.6/2003) 2. The Special Officer, No.1512, The Dharmapuri Co-op. Town Bank Ltd., Dharmapuri. ... Respondents Criminal Original Petition filed under section 482 of Cr.P.C. to direct the 1st respondent to conduct further investigation of the case in C.C.No.243 of 2004 on the file of the Judicial Magistrate No.I, Dharmapuri (Cr.No.6 of 2003 on the file of 1st respondent) as provided u/s 173(8) of Cr.P.C. and to file a further report after due recovery made from the accused P.Thangavel and P.Selvam. For Petitioner : Mr.S.Doraisamy For Respondent : Mr.Mohammed Jinnah, GA (Crl.Side) O R D E R The petitioner is one of the members in second respondent Bank. The second respondent Bank entered into a contract with the first accused in this case by name Thangavel as computer co-ordinator on contract basis. The second accused is the brother of the first accused. The third accused is the Manager of the Bank. A4 and A5 are Assistant Managers and A6 is the Assistant and A7 is the cashier of the said bank. The first accused after installation of the computer system in the second respondent Bank used to start it every day and in that process he was in the habit of transferring the amounts from the accounts of other members to his own account and thereby he had misappropriated to the tune of Rs.2.89 crores. When https://hcservices.ecourts.gov.in/hcservices/ the matter was unearthed, a case came to be registered in Crime no.6 of 2003 under sections 120 B, 109, 409, 408, 406 and 477 A IPC on the file of the first respondent. The first respondent, completing the investigation laid a charge sheet before the learned Judicial Magistrate No.I, Dharmapuri. 2. Mr.S.Doraisamy, learned counsel appearing for the petitioner would strenuously contend that though the first respondent has completed the investigation and laid charge sheet against all of the accused, they had not taken any steps to recover any cash from the accused and that even they did not take care of the action as against their immovable properties. In the petition, the petitioner has alleged that by means of ill-gotten money, he has purchased immovable properties in various places in the names of his relatives. Had the Investigating Agency gone deep into the matter, they might have done effective investigation in this matter and the same would have been an exhaustive one. 3. He further adds that even if the accused were convicted at the end of the trial before the learned Judicial Magistrate Court, the petitioner and other aggrieved members in the society could not recover any thing in terms of money. 4. The learned Government Advocate (Crl.side) heard. 5. This Court sees considerable force in the argument advanced by the learned counsel appearing for the petitioner. Since there had been misappropriation to the tune of crores of rupees, it is incumbent upon the Investigating Agency to pursue the bank accounts and other deposits of the first accused and if necessary, of other accused. It appears that they have not done so. It is all the more necessary for the first respondent to take care of the future interest of the complainants including the petitioner in this matter. 6. Considering the said circumstances, it is appropriate to direct the first respondent to take up further investigation in this matter with regard to the new facts available from the present Criminal Original Petition and the other statements to be obtained from the concerned persons including the petitioner and to proceed with the investigation. In the course of investigation, they may contemplate to recover cash if anything available in the account of the first accused and initiate action against the immovable properties acquired by the first accused as per law. In this regard, the Investigating Officer may file a formal petition before the learned Judicial Magistrate Court No.I, Dharmapuri under Section 173 (8) of Cr.P.C. to get permission for further investigation and to proceed in this case to lay the charge sheet within three months from the date of passing of the order by the learned Judicial Magistrate. 7. With the above said directions, this Criminal Original https://hcservices.ecourts.gov.in/hcservices/ Petition is disposed of. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. rg To 1. Inspector of Police, C.C.I.W./C.I.D., Dharmapuri Unit. 2. The Special Officer, No.1512, The Dharmapuri Co-op. Town Bank Ltd., Dharmapuri. 3. The Public Prosecutor, High Court, Madras. Crl.O.P.No.5939 of 2007 SJ(CO) JJM(11/03/08) https://hcservices.ecourts.gov.in/hcservices/