Crl.O.P(MD).No.21204 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P(MD).No.21204 of 2024 and Crl.M.P(MD)Nos.13161 and 13162 of 2024 Duraikumar ...Petitioner Vs 1. The Inspector of Police District Crime Branch Thoothukudi Thoothukudi District 2. Muthukumarasamy ...Respondents PRAYER: Criminal Original Petition filed under Section 528 of BSNSS to call for the records pertaining to the criminal proceedings in C.C. No. 1076 of 2017 on the file of the learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District and quash the same. For Petitioner : Mr.B.N.Raja Mohamed For Respondents : Mr.E.Antony Sahaya Prabhakar No.1 Additional Public Prosecutor ORDER This Criminal Original Petition has been filed to quash the proceedings in C.C. No. 1076 of 2017 on the file of the learned Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.21204 of 2024 2. The contention of the petitioner is that the petitioner was a sales manager and it is projected as though while the petitioner was working as sales manager has transferred the duty entitlement of the complainant company to one Annamalai Chemicals . The contention of the petitioner is that the Annamalai chemicals was the sole accused at the time of registration of the case in Crime No.27 of 2013 and at the time of filing charge sheet Annamalai Chemicals has been transposed as witness and the petitioner had been arrayed as an accused. Hence on mere surmises and conjunctions this petitioner has been prosecuted and these allegations are vague and exaggerated, hence he sought for quashing the Charge sheet. 3. The learned Additional Public Prosecutor strongly opposed the contention of the petitioner stating that the First Information Report is not an encyclopedia and the complaint was made against the Annamalai Chemicals and later during the investigation the active role played by the petitioner at the time of working of sales manager in fabricating the documents of the defacto complainant company came to light and thereafter transferring the funds in the name of Annamalai Chemicals has also misappropriated the said amount. After detailed enquiry the charge sheet has been filed . The petitioner is made as an accused and Annamalai Chemicals transposed as 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.21204 of 2024 witness. In this case nine witnesses have been examined and the witnesses have supported the case of prosecution and the case stands posted to examination of P.W.9. 4. Taking into consideration the fact the case is under the stage of examination of witnesses and at this stage this case cannot be entertained. Further other pointed raised by the petitioner have to be gone into full fledge trial and the mixed question of facts cannot be decided under Section 482 of Cr.P.C, hence this Court is not inclined to quash the proceedings. Accordingly the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petitions are closed. 29.01.2025 NCC : Yes/No Internet : Yes/No Index : Yes/No aav To 1. The Judicial Magistrate No.IV, Thoothukudi, Thoothukudi District 2. The Inspector of Police District Crime Branch Thoothukudi, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).No.21204 of 2024 M.NIRMAL KUMAR,J. aav Crl.O.P(MD).No.21204 of 2024 29.01.2025 4/4 https://www.mhc.tn.gov.in/judis