Madras High CourtCRL OP/6089/2017dismissed

J.Alamelu, Aged 49 Years, v. The State Rep. By

2021-11-24Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.6089 OF 2017 AND CRL.M.P.NO.4529 OF 2017 1.J.Alamelu 2.R.Selvam 3.M.Vajjiravel 4.G.S.Manohar ..Petitioners Vs.

1.The State Rep.by Inspector of Police, District Crime Branch, (Anti Land Grabbing Cell), Tiruvannamalai Town, Tiruvannamalai District.

2.S.Kasirajan ..Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records in Crime No.22 of 2016 pending on the file of the 1st respondent and quash the same.

For Petitioners: Mr.B.Jawahar For Respondents: Mr.S.Vinoth Kumar Government Advocate(Crl.side) for R1 Mr.S.B.Viswanathan for R2

ORDER

This criminal Original Petition has been filed to call for the records in Crime No.22 of 2016 pending on the file of the 1st respondent and quash the same.

2. Learned counsel for the petitioners submitted that one Vellaiammal, trustee of the trust has impersonated and sold the https://hcservices.ecourts.gov.in/hcservices/

property in the year 2006 in favour of A2 one L.Subramanian and he inturn sold the property to one Velu(A3) in the year 2011.Thereafter, A4 to A7 had purchased the property from A3. Now they also inturn sold the property to various others persons. Therefore, his contention that there is no allegations for the offence made out against the accused.

3. In view of the above, this Court is of the view that the very allegation in the FIR prima facie indicate that there was a scheme in grabbing the property of the trust. It is to be noted that the complicity of the crime can be seen only during the investigation and it is to be unearthed only during the investigation, the same cannot be interfered while exercising the jurisdiction under Section 482 of Cr.P.C. Therefore, this criminal original petition has no legs to stand and the same is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msv/nr To The Inspector of Police, District Crime Branch, (Anti Land Grabbing Cell), Tiruvannamalai Town, Tiruvannamalai District.

The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.B.Viswanathan, Advocate, S.R.No.60751 Crl. O.P. No.6089 of 2017 and Crl.M.P.No.4529 of 2017 SVI(CO) PM/09/12/2021 https://hcservices.ecourts.gov.in/hcservices/