G. PANEER SELVAM Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the Final Report filed in C.C.No.113 of 2018 on the file of the Judicial Magistrate II, now transferred and renumbered as 73 of 2019 pending before the Chief Judicial Magistrate, Cuddalore, in Crime No.3 of 2015 on the file of the Inspector of Police, District Crime Branch, Cuddalore, dated 13.02.2015, and quash the same.

(2.) The learned counsel for the petitioner would submit that he is the registered contractor and undertakes work from the THADCO, in Villupuram and Cuddalore Divisions. The petitioner was rendering unblemished service to the 2nd respondent as a contractor. When that being so, on 29.10.2014 an FIR has been registered vide Crime No.89 of 2014 dated 29.10.2014 based on a complaint made by the 2nd respondent, by the District Crime Branch, Villupuram, arraying the petitioner as the 1st Accused and another. It has been alleged in the said FIR that certain amounts has been disbursed for the assigned works which has not been done and funds has been misappropriated.

(3.) The learned counsel would further submit that on 26.10.2016 the Secretary to Government, Adi Dravidar and Schedule Tribe Welfare Department had issued a proceedings addressing to the Managing Director, THADCO, specifically stating that, the registration of Criminal proceedings against the officials and the petitioner is nothing but an vindictive act and directed to withdraw the criminal complaints against them. Pursuant to the proceedings of the Secretary, the Managing Director THADCO issued a proceedings to the Executive Engineer i.e. the 2nd respondent to take necessary steps to withdraw the criminal complaint and the consequential proceedings pending with the 1st respondent police. On receiving the intimation, the 1st respondent police filed a referred charge sheet before the learned Judicial Magistrate II, Cuddalore on 16.06.2017 vide R.C.No.02 of 2017.