1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.5320 of 2011 and M.P.(MD) No.1 of 2011 P.Muthusamy ..Petitioner/Accused No.4 Vs. State Rep. by The Inspector of Police, C.C.I.W./C.I.D., Tuticorin. ... Respondent/Complainant This petition is preferred under Section 482 Cr.P.C to praying to call for the records in connection with C.C.No.1 of 2011 on the file of the learned Judicial Magistrate No.II, Tirunelveli and quash the same. For Petitioner : Mr.Veera Kathiravan For Respondent : Mrs.Prabha Government Advocate ORDER The petitioner is the fourth accused in C.C.No.1 of 2011. The alleged offence against the petitioner is under Section 408 read with 109(b) and 34 of the Indian Penal Code. It is the case of the prosecution that the petitioner has abetted the crime by conniving with accused Nos.1 and 2. 2. In pursuant to the complaint given in Crime No.1 of 2010, charges have been framed in C.C.No.1 of 2011, on the file of Judicial Magistrate No.2, Tirunelveli. Challenging the said charges framed against the petitioner, the present petition has been filed. 3. The learned counsel for the petitioner submitted that during the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, the petitioner's name was not found. Due enquiry showed that the misappropriation was committed by the other accused and not the petitioner. The petitioner, merely https://hcservices.ecourts.gov.in/hcservices/ 2 being the Special Officer, cannot be made liable for the alleged offences. 4. It is seen in the counter filed by the learned Government Advocate (Criminal side) that after framing of charges, the trial has commenced and P.Ws.1 to 3 have been examined and the matter is posted on 17.08.2011 for examining the other witnesses. 5. The question as to whether the petitioner is guilty or not has to be proved by the respondent before the trial Court. This Court by exercising its power under Section 482 Cr.P.C. cannot go into the facts of the case. The petition is also not liable to be allowed, merely on the ground that the petitioner's name has not found in the enquiry conducted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. 6. Accordingly, this Criminal Original Petition is dismissed giving liberty to the petitioner to raise all the grounds before the trial Court. Consequently, connected M.P.(MD) No.1 of 2011 is dismissed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Tirunelveli. 2.The Inspector of Police, C.C.I.W./C.I.D., Tuticorin. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. sj akm/19.7.11 /2p-4c/ Criminal Original Petition (MD) No.5320 of 2011 and M.P.(MD) No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/