Rangaraj v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.Nos.4590 & 4591 of 2022 Rangaraj ... Petitioner

Versus

1. State By The Inspector of Police, District Crime Branch (ALGSC), Tiruppur.

(Crime No.4 of 2013)

2. R.Moorthy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No. 37 of 2020 on the file of the learned Judicial Magistrate Court, Dharapuram and quash the same.

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For Petitioner :

Mr.R.Thamarai Selvan For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 37 of 2020 on the file of learned Judicial Magistrate Court, Dharapuram.

2. Heard both sides.

3. The petitioner is ranked as A3 in the F.I.R. in Crime No.4 of 2013 registered against the petitioner for the offence under Sec.120 (B), 417, 420, 467, 468, 471 r/w 82 of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in C.C.No.37 of 2020 on the file of Judicial Magistrate, Dharapuram and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet stating that he is working as a Village Administrative Officer and he is nothing to do with the alleged sale deed as stated by the 2nd respondent. Page No.2 of 5

Furthermore, he has not colluded with other accused in respect of issuance of patta and also there is no specific allegation against this petitioner that he colluded and manipulated the document.

4. The learned Government Advocate (Crl. side) appearing for 1st respondent would submit that the petitioner is working as a Village Administrative Officer and also doing document writing as per investigation. Hence, it needs detailed investigation.

5. Admittedly, against this petitioner, the 2nd respondent/defacto complainant alleged that he preferred a document for unlawful gain and got the signature from one Ragothaman. So, according to the 2nd respondent/defacto complainant, he is also one of the person involved in creation and fabrication of sale deed. As per the investigation report, he is working as Village Administrative Officer, but the allegation against him as if he also written the document. Hence, the offence charged against this petitioner can be decided only at the end of trial and not at this stage. Therefore, this Court is not inclined to quash the proceedings initiated Page No.3 of 5

against him and this petition is liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petitions are closed.

18.01.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, District Crime Branch (ALGSC), Tiruppur.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rpp CRL.O.P.No.7925 of 2022 18.01.2024 Page No.5 of 5