Madras High CourtCRL OP/8943/2011dismissed

V.Krishnasamy v. Inspector Of Police

2016-10-26Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.8943 of 2011 & M.P. No.1 of 2011 V. Krishnasamy Petitioner vs.

State represented by the Inspector of Police Vaniyampadi Police Station Vaniyampadi, Vellore District M. Anandhan Respondents Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records in Crime No.78 of 2011 on the file of the first respondent and quash the same.

For petitioner Mr. R. Vijayakumar For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Ms. Elizabeth Ravi for M/s. S. Subbiah

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.78 of 2011 on the file of the first respondent and quash the same.

On the complaint lodged by M. Anandhan, the second respondent herein, the first respondent police registered a case in Crime No.78 of 2011 on 15.02.2011 under Sections 420, 463 and 465 read with Section 506(I), IPC against Ramachandran and three others, challenging which, Krishnasamy (A3) is before this Court. It is the case of the second respondent/de facto complainant that he is the owner of the property measuring 2.04 acres in Survey No.110/A in Chettiappanur Village, Vaniyampadi Taluk, Vellore District he having acquired the same by way of a registered deed of settlement dated 31.12.1982 from his mother; that the accused who are realtors approached him for selling the property and when he was not inclined to sell the property, they https://hcservices.ecourts.gov.in/hcservices/

had created forged documents and had those documents registered the Sub-Registrar's Office at Vaniyampadi and thereby, caused encumbrance to the property.

Since there are sufficient materials in the complaint for the police to proceed with the investigation, this is not a fit case to quash the prosecution in the light of the law laid down by the Supreme Court in State of Haryana vs. Bhajan Lal, [1992 Supp. (1) SCC 335].

In the result, this Criminal Original Petition is dismissed. Connected M.P. is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar cad To The Inspector of Police Vaniyampadi Police Station Vaniyampadi, Vellore District The Public Prosecutor Madras High Court Chennai 600 104 1 cc to M/s.S. Subbiah, Advocate, Sr. 62095 Crl.O.P. No.8943 of 2011 SSK (CO) kk 24/11 https://hcservices.ecourts.gov.in/hcservices/