Mari v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:25.04.2024 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.5958 of 2024 Mari .. Petitioner /versus/ 1.The State rep.by The Inspector of Police, CBCID OCU-II, Chennai.

(Crime No.7/2023) 2.M.Sivan Arul Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.

.. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in Crime No.7 of 2023 pending on the file of respondent police and quash the same as against this petitioner. For Petitioner :Mr.R.Vivekananthan For Respondent :Mr.S.Udaya Kumar, Government Advocate (Crl.Side) for R1 1/5

O R D E R

On the report given by the Sub Registrar, Virugambakkam, the Inspector General of Registration has lodged a complaint against one Jayakumar in which the petitioner has been suspected and arrested. Alleging that the petitioner is nothing to do with the alleged manipulation of the records, the present petition is filed to quash the complaint pending investigation in Crime No.7 of 2023.

2. According to the learned counsel appearing for the petitioner, the father of the petitioner purchased the property in the year 1967 and thereafter, the petitioner and other legal heirs effected a settlement deed in the year 1979. Alleging that one of the deed had been manipulated, the present complaint is given. However, the fact is that the petitioner had made a representation to the Inspector General of Registration on 19.01.2017 alleging manipulation by the then the Sub Registrar. The said representation has not seen in the light of the day. Thereafter, a suit for declaration filed and the same was decreed in favour of the petitioner in O.S.No.500 of 2017 dated 2/5

13.10.2017. There is no other revenue proceedings which ended in his favour.

3. The learned Government Advocate (Crl.Side) submitted that the investigation in this matter is going on and two other persons, who are also suspected for the offence are yet to be secured. He also undertakes to send the disputed documents for expert analysis to ascertain whether any manipulation has been taken place as alleged in the complaint.

4. From reading of the complaint and the material placed by the petitioner before this Court, this Court is of the view that admittedly, in respect of the property, some documents have been manipulated and the perpetrator of the crime has to be fixed. Therefore, the complaint, which is under investigation, cannot be quashed but, a direction must be given to the Investigating Officer to conduct investigation expeditiously and fix the perpetrator of the crime. The investigation should be completed, preferably, within a period of three months from the date of receipt of a copy of this order. 3/5

5. With the above observation, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

25.04.2024 Index:yes/no ari To:

The Inspector of Police, CBCID OCU-II, Chennai.

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DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.No.5958 of 2024 25.04.2024 5/5