This petition is filed to quash the FIR in Cr.No.44 of 2017 as against the petitioner on the file of the 1st respondent.
2. There are no materials before this Court nor the counter statement of the investigating officer implicates the petitioner herein who is the Manager of the Bank, in which, the subject property came to be mortgaged. Further, the averments in the complaint does not constitute the offence of cheating as against the petitioner. It is seen that the entire averments make out offence only as against A1 to A4 and by no stretch of imagination, the petitioner can be implicated in these criminal proceedings. In this background, it would not be proper for the petitioner to undergo ordeal of police investigation, particularly, when the learned counsel for the petitioner submits that he has exercised his official duties in the entire transaction.
3. In the result the criminal original petition stands allowed. The proceedings as against the petitioner herein alone stands quashed. It is open to the first respondent to continue the investigation as against the other accused. It is made clear that in case during the course of investigation some additional information is placed before the investigating officer which implicates the petitioner herein, it is open to the investigating officer to proceed against the petitioner also. Consequently connected miscellaneous petitions are also closed.
08.11.2017 Index:Yes/No Internet: Yes/No dpq M.S.RAMESH,J dpq To
1. The State by Inspector of Police, CCB, Coimbatore city, Coimbatore.
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.16109 of 2017 and Crl.MP.Nos.13792 and 9962 of 2017