K.A. GURUSEKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the final report in C.C.No.228 of 2025 on the file of the learned Judicial Magistrate No.II, Sivagangai, Sivagangai District, filed against the petitioner/A5 for the offences punishable under Ss. 408, 409, 420, 467, 468, 471, 477(A) and 109 of the Indian Penal Code, 1860.

(2.) The petitioner is arrayed as A5. It is alleged in the final report that the petitioner along with others had committed various irregularities, created fabricated documents and had sanctioned crop insurance amount to persons who do not own lands. The petitioner is said to have committed misappropriation to the tune of Rs.1,89,451.00 towards paddy insurance and Rs.3,85,500.00 towards chilli insurance in the name of his relatives and had permitted misappropriation of a sum of Rs.15,29,600.00by the other accused, and thus committed the aforesaid offences.

(3.) Mr.B.Saravanan, learned counsel for the petitioner, submitted that an enquiry was conducted under Sec. 81 of the Tamil Nadu Co- operative Societies Act, 1983 [hereinafter referred to as "the Act"]; that criminal action was recommended by the Enquiry Officer; that no surcharge proceedings were directed to be taken against the petitioner; that, therefore, since no surcharge proceedings have been initiated against the petitioner, there is no loss caused to the Government on account of the petitioner's act; that the disciplinary proceedings against the petitioner were dropped, since the disciplinary authority found that the charges levelled against the petitioner were not proved; and that, since the allegations have not been proved even in the disciplinary proceedings, where the standard of proof is preponderance of probability, the impugned prosecution cannot be sustained, as a higher standard of proof is required to prove the guilt of the petitioner.