BRANCH MANAGER Vs. Y.ALAUDEEN

JUDGEMENT

(1.) THE petitioner is Accused No.2 in C.C.No.15 of 2011 on the file of the Judicial Magistrate No.I, Tirupur and he has come forward with the present petition to quash the proceedings as against him.

(2.) THE facts of the case is: The respondent is the complainant in this case. He instituted the prosecution by way of private complaint before the Judicial Magistrate No.I, Tiruppur, under Section 200 of Cr.P.C., against three persons including the petitioner. The petitioner is the Branch Manager of the said company at Tiruppur. The first Accused is a company known as K.P.N. Speed Parcel Service Private Limited, Salem. The second Accused is the Branch Manager of the company at Tirupur. The third Accused is an Auto driver of the first Accused company. The first Accused is operating parcel service through transport service between Tiruppur and Chennai.

(3.) ON taking cognizance of the said offence on the said complaint vide C.C.No.15 of 2011, the learned Judicial Magistrate recorded the statement of complainant and also recorded the statement of witnesses. Thereafter, the learned Judicial Magistrate passed an order directing the Tirupur Noth Police to make investigation as provided under Section 202 of Cr.P.C. and submit a report within 15 days. Accordingly, the learned Judicial Magistrate forwarded relevant documents to the police. Awaiting investigation report from the police the learned Judicial Magistrate kept the case pending and after completing the investigation the Circle Inspector of Police submitted a report on 16.6.2011. Thereafter, the learned Judicial Magistrate ordered issue of summons to the accused. It is at this stage the petitioner has come up with the present petition seeking to quash the proceedings.