Sagasaraman v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM
THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.5982 of 2019 Sagasaraman ... Petitioner -Vs.- 1.State rep by The Inspector of Police, Lawspet Police Station, Crime No.119 of 2016 2.Babu .. Respondents Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records in connection with C.C.No.320 of 2018 on the file of the learned Judicial Magistrate No.I, Pondicherry and quash the same.
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For Petitioner :Mr.V.M.R.Rajentren For Respondent :Mr.V.Balamurugane, Additional Public Prosecutor (Pondy), for R1.
Mr.K.Balu, for R2
O R D E R
This Criminal Original Petition has been filed to call for the records in connection with C.C.No.320 of 2018 on the file of the learned Judicial Magistrate No.I, Pondicherry and quash the same.
2. Heard the learned counsel for the petitioner, learned Additional Public Prosecutor (Pondy) appearing for the first respondent and the learned counsel appearing for the de facto complainant.
3. This is the case where the petitioner herein, who is arrayed as the third accused in C.C.No.320 of 2018, seeks quash of the complaint on the ground that he is no way connected with the alleged crime and based on the documents produced by A1, he is only a tenant under A1. 2/7
4. However, the learned counsel appearing for the de facto complainant submits that by fabricating the settlement deed, the property owned by the de facto complainant has been trespassed by A1 and A2 and on their instructions A3 was in occupation of the premises. When the de facto complainant visited the property and enquired, A3 directed the de facto complainant to approach A1 and A2, who had put him in possession and when the de facto complainant asserted his title and right over the property, the petitioner threatened him with dire consequences.
5. The learned counsel appearing for the petitioner would submit that the petitioner herein, who is arrayed as third accused, is no way connected with the allegations and he has been unnecessarily rowed in the dispute between the A1 and the de facto complainant regarding title of the property.
6. Further, the learned counsel for the petitioner also rely upon the settlement deed executed by the Annam in favour of the Elumalai/A1 on 3/7
24.06.2014 and the tax receipt issued in favour of Elumalai/A1 and also submitted that there is a civil dispute, between de facto complainant and A1, regarding title and as far as this petitioner is concerned, who was put in possession as a tenant by A1, after the incident he has vacated the said premise.
7. This Court called for the CD files and on perusing the same, found that as on the date of occurrence, that is 05.08.2016, on visiting the property, the de facto complainant found that it has been trespassed by this petitioner, who claims to be a tenant under A1 and A2. In this regard, since this petitioner has informed that he was put in possession by the A1/Ezhumalai and A2/Mahadevan, the de facto complainant has given a petition to the District Collector and pursuant to the same, the complaint has been registered.
8. Therefore, It may be correct that this petitioner has now vacated the premises but on the date of occurrence, he had been in occupation of the premises on the instructions of the other two accused, who had no 4/7
right over the property and hence, the subsequent act of the petitioner by vacating the premises will not exonerate him from facing the criminal prosecution. It is for him to prove his occupation in the premises was bonafide and he has not threaten the de facto complainant, when he visited the house. This is the matter for trial, which cannot be summarily decided.
9. In view of the above, this Criminal Original Petition for quash is dismissed. Consequently, connected miscellaneous petitions are also closed.
26.10.2022 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa 5/7
To 1.The Judicial Magistrate No.I, Pondicherry 2.The Inspector of Police, Lawspet Police Station, Crime No.119 of 2016 3.The Public Prosecutor, High Court, Madras.
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Dr.G.JAYACHANDRAN.J., nsa and Crl.M.P.No.5982 of 2019 26.10.2022 7/7