Madras High CourtCRL MP/8647/2023dismissed

Sri Mahanth Basanth Dos Bava Ji (Deceased),Sri Mahant Swamy Devidass v. V.S.Ekambaram@ Mohan

2023-07-18Honourable Mr Justice V.Sivagnanam2 pages

Crl.M.P.No.8647 & 8649 of 2023 in Crl.OP.No.22954 of 2019 V. SIVAGNANAM, J.

Crl.M.P.No.8647 of 2023 is filed to implead the petitioner viz., Sri Mahanth Basanth Dos Bava Ji (deceased), Madathipathi of Uhasin Bavaji Mutt, as a party respondent in Crl.O.P.No.22954 of 2019. 2.Crl.M.P.No.8649 of 2023 is filed to implead the petitioner viz., K.S.Arumugam/Manager of the Mutt as 3rd respondent in Crl.O.P.No.22954 of 2019.

3. Heard the learned counsel appearing for the petitioners in both petitions and the learned counsel appearing for 1st respondent and learned Govt. Advocate (crl.side) appearing for the 2nd respondent.

4. It is seen that a final report is filed by the respondent police stating that the accused A1 and A2, by promising the defacto complainant to get a lease deed for 20 years, executed lease deed for 99 years and accordingly registered a lease deed in Document No.155 of 2004. Since the executant of the lease deed did not understand the language of the document, he signed in the document. Later, on coming to know about the fraud committed by the accused, he gave a complaint before the respondent police, pursuant to which, a case has been registered against them. After filing final report, the accused A1 and A2 were charged for the offences 1/1 https://www.mhc.tn.gov.in/judis

V. SIVAGNANAM, J.

msr punishable under sections 420 and 120-B. In the circumstances, the executant of the document representing the Shivakanchi Udasi Mutt, Kancheepuram was impleaded as 3rd respondent by this court in Crl.M.P.No.8646 of 2023 in Crl.O.P. No.22954 of 2019. Under these circumstances, since the Mutt is properly represented, these petitioners, though claim to represent the abovesaid Mutt are not the necessary parties to protect the interest of the informant/complainant. In view of the above, these petitions seeking for impleading these petitioners as representatives of the above said Mutt are dismissed.

18.07.2023 msr Crl.M.P.No.8647 & 8649 of 2023 in Crl.OP.No.22954 of 2019 2/1 https://www.mhc.tn.gov.in/judis