← Library
Madras High CourtCRL RC/1136/2025allowed

V.Balasubramani v. The State Rep By Its

2025-08-25Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1136 of 2025 and Crl.MP.No.14178 of 2025 V.Balasubramani .....

Petitioner Vs 1.The State rep. By its Inspector of Police, Central Crime Branch, Vepery, Chennai 600 00 (XCr.No.87 of 2022) 2.S.Haroon Baakshah .....

Respondents PRAYER:

Criminal Revision Case is filed under Sections 438 r/w 442 of BNSS, 2023, praying to set aside the order of discharge passed in Crl.MP.No.1139 of 2025 in CC.No.1400 of 2024 on the file of the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai-08 For Petitioner : Mrs.M.V.Priyadharshini

for Mr.V.Krishnamoorthy For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl. Side) For R2 : Mr.K.Rajan

O R D E R

This Criminal Revision Case has been filed against the order of discharge dated 28.05.2025 passed in Crl.MP.No.1139 of 2025 in CC.No.1400 of 2024 on the file of the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai-08, thereby allowing the discharge petition and discharged the petitioner from the charges.

2.

The petitioner is arrayed as A1 and he is facing charges for the offence punishable under Sections 465, 467, 120(B), 468, 471 and 420 of IPC. The charges are as follows:

3.

That apart, on perusal of the statement recorded under Section 161

(3) of Cr.P.C. from the petitioner, it is revealed that the subject property was

settled in favour of his brothers i.e. one, Rangan and one, Parthasarathy. Subsequently, on 07.11.2018, the said Rangan died. Without adding the legal heirs of the said Rangan, the second respondent colluded with the other accused persons and fabricated the legal heirship certificate. On the basis of the said legal heir certificate, sale deed was executed in favour of the second respondent and the same was registered. Later on perusal of the legal heirship certificate, it was found that the same was fake one and it was not issued by the authority concerned. Further, the second respondent is being a builder, he knows about the purchase of the property with one of the settlee died and the other legal heirs to be included as legal heirs.

Therefore, there are specific averments and allegations with relevant materials to charge the petitioner for the offences under Sections 465, 467, 120(B), 468, 471 and 420 of IPC. However, without considering the above facts and circumstances, the trial court mechanically allowed the petition and discharged the petitioner as innocent purchaser. Though the petitioner is the purchaser, he had knowledge that the legal heirship certificate produced before the registering authority was forged one. Therefore, whatever the grounds raised by the second respondent before the trial court to discharge him, it is matter for trial before the trial court by letting in evidence. Therefore, this Court finds infirmity and illegality in the impugned order. As such, the same is liable to be set aside.

4.

Accordingly, the impugned order of discharge dated 28.05.2025 passed in Crl.MP.No.1139 of 2025 in CC.No.1400 of 2024 on the file of the learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai, is set aside and this criminal revision case is allowed. However, the trial court is directed to complete the trial within a period of six months from the date of receipt of this order. Further, the personal appearance of the petitioner before the trial court is dispensed with and he shall be represented by a counsel after filing appropriate application. The petitioner shall be present before the Court below at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C., and at the time of passing judgment. Consequently, connected miscellaneous petition is closed.

25.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating cases in Chennai) and CBCID Metro Cases, Egmore, Chennai-08 2.Inspector of Police, Central Crime Branch, Vepery, Chennai 600 00

3. The Public Prosecutor, High Court, Madras.

25.08.2025