STATE Vs. K. RAMESH AND ORS.

JUDGEMENT

(1.) Leave granted. These appeals have been preferred by the Appellant against the order dated 3rd September, 2010 passed by the High Court of Judicature at Madras in Crl. O.P. Nos. 3914/2007, 3915/2007 and 3916/2007. By the impugned order, the High Court allowed the petitions filed by the Respondents Under Section 482 of Code of Criminal Procedure and quashed the final report and proceedings in C.C. Nos. 254, 255 and 256 of 2003 on the file of District Munsif-cum-Judicial Magistrate, Pochampalli inasmuch as it related to the Respondents.

(2.) The facts leading to the filing of the said Criminal Original Petitions are as follows:

(3.) Under such circumstances, based on the report, a complaint was preferred by the Deputy Registrar, Co-operative Societies, Krishnagiri and the same was registered as Crime No. 1 of 2002 on the file of the Respondent police against 13 persons for alleged offences punishable Under Sections 408, 409 and 477-A Indian Penal Code The inspector of Police, CCIW/CID, Dharmapuri unit conducted the investigation and on completion of such investigation, three final reports in one and the same Crime Number viz., Crime No. 1 of 2002 were submitted and the same were taken on file by the District Munsif-cum-Judicial Magistrate, Pochampalli as C.C. Nos. 255 of 2003, 256 of 2003 and 254 of 2003 respectively. The Petitioner in Crl. O.P. Nos. 3914 and 3915 of 2007, viz., Ramesh has been implicated in C.C. Nos. 255 and 256 of 2007 for the alleged irregularities that took place in the Branch Office of Krishnagiri Taluk, Agricultural Producers Marketing Cooperative Society. Similarly, Subramani, the Petitioner in Crl. O.P. No. 3916 of 2007 has been implicated in C.C. No. 254 of 2003 for the alleged irregularities found out in the Head Office of Krishnagiri Taluk, Agricultural Producers Marketing Cooperative Society. Since Ramesh and Subramani had signed the day books authenticating the entries therein as cashiers in the Branch Office and Head office respectively, they were arraigned as accused on the allegation that they had helped the Secretary and other accused in committing the irregularities of misappropriation, breach of trust and falsification of records. Though Ramesh and Subramani were not shown to be accused persons in the First Information Report, they arraigned as accused in the respective final reports on the strength of the allegation that they abetted the commission of offences by the other officials of the Cooperative Society.