R.Senthilkumar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.13650 of 2025 and Crl.M.P.No.9364 of 2025 R.Senthilkumar ... Petitioner Vs.
1. The Inspector of Police The District Crime Branch Perambalur District Crime No.13 of 2023
2. Amuthavalli Sub Registrar (i/c) Office of the Sub Registrar Veppanthattai Sub Registrar Office Veppanthattai Perambalur District ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for records of the charge sheet dated 24.12.2024 filed by the respondent in connection with Crime No.13 of 2023 in final report/charge sheet No.FR6/2023 taken on file in C.C.No.37 of 2025 on the file of the learned Judicial Magistrate-I, Permbalur and to quash the same. 1/6
For Petitioner : Mr.G.Ilamurugu For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner to quash the charge sheet in C.C.No.37 of 2025 on the file of the learned Judicial Magistrate-I, Permbalur, in connection with Crime No.13 of 2023 on the file of the first respondent police.
2. The case of the prosecution is that the petitioner while working as a Zonal Deputy Tahsildar of Veppanthattai, along with other accused by fabrication of documents, made fraudulent transfer by virtue of registration of partition deed bearing No.1055/2019 in the office of the Sub-Registrar of Veppanthattai. Hence, based on the complaint given by the original owners, the Sub-Registrar, Veppanthattai lodged a complaint before the first respondent police and based on which, the FIR in Crime No.13 of 2023 was registered 2/6
against the petitioner and other accused. After completion of investigation, the respondent police filed the charge sheet for the offences under Sections 406, 417, 420, 465, 468, 471, 474 of IPC and the same was taken on file in C.C.No.37 of 2025 on the file of the learned Judicial Magistrate-I, Permbalur, in which, the petitioner has been arrayed as A5.
3. The learned counsel for the petitioner submitted that the petitioner while discharging his official duty, mutated certain revenue records based on the recommendation of the Village Administrative Officer and he had not committed any criminal offence. Subsequently, after the complaint, he has rectified the same. Hence, he prayed to quash the charge sheet.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner, in collusion with the Village Administrative Officer, changed a Patta without following the process of law.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent police and 3/6
also perused the materials available on record.
6. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.
7. A perusal of the records and the statements recorded from the witnesses, shows that there are prima facie allegations and materials to proceed the case further. Therefore, this is not a fit case for quashing. The grounds taken by the petitioner is nothing but defence, which can be agitated only during trial. This Court does not find any merits in this case.
8. Therefore, this Criminal Original Petition is dismissed at the admission stage itself. Consequently, the connected Miscellaneous Petition is closed.
03.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6
To
1. The Judicial Magistrate-I, Permbalur
2. The Inspector of Police The District Crime Branch Perambalur District
3. The Public Prosecutor High Court of Madras 5/6
P.VELMURUGAN. J.
Ksa-2 03.06.2025 6/6