VALERIAN FERNANDES Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Crl.O.P.No.25590 of 2011 has been filed to quash the F.I.R in Crime No.16 of 2010, pending on the file of the 1st respondent. Crl.O.P.No.6851 of 2017 has been filed to complete the investigation in Crime No.16 of 2010 dated 28.09.2010. Crl.O.P.No.6712 of 2016 has been filed to quash the F.I.R in Crime No.389 of 2010, pending on the file of the 1st respondent police.

(2.) The brief facts of the case is that the petitioner in Crl.O.P.Nos.6712 2016 and 25590 of 2011 was appointed as Power of Attorney on 28.10.2004 by his brother-in-law/2nd respondent, who is the Proprietor of Agro Granite Company, Coimbatore. As per the power of attorney dated 28.10.2004, the petitioner was granted power to represent himself as a Chief Executive Officer for making official representation on behalf of the 2nd respondent and to run day to day affairs by purchasing goods and granites and to acquire property in the name of the 2nd respondent. During verification of the business accounts, the 2nd respondent found that the petitioner committed misappropriation of funds of Agro Granite Company, Coimbatore by fabricating false documents and through encashment of cheques. Hence, a case came to be registered in Crime No.16 of 2010 against the petitioner for the offence under Sections 468 , 471 , 477(A) and 420 of IPC.

(3.) The 2nd respondent lodged another complaint for similar cause of action in Crime No.16 of 2010 before the 1st respondent in Crl.O.P.No.6712 of 2016 and the same was registered in Crime No.389 of 2010 for the offence under Sections 294(b) , 341 and 506(i) of IPC that on 09.04.2010 at about 11.30 p.m., the petitioner accompanied with some other muscle men, had entered into office/Agro Granite Company, Coimbatore of the 2nd respondent, broken the lock and taken away the original documents and further they had also broken up the lock of the 2nd respondent's house and taken away some valuable goods. Further, a bare injunction civil suit has been filed in O.S.No.172 of 2010.