T.Lakshmanlal @ T.Lakshmanan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE SUNDER MOHAN and Crl.M.P.Nos.14063, 14041 & 13953 of 2019 1.T. Lakshmanlal @ T.Lakshmanan @ T.Lakshman 2.Geetha ... Petitioners / A10 & A8 in Crl.O.P.No.26282 of 2019 P. Seema ... Petitioner / A9 in Crl.O.P.No.26266 of 2019 Suseela ... Petitioner / A11 in Crl.O.P.No.26159 of 2019 -Vs1.The State represented by:
The Inspector of Police, CCB - II, Land Grabbing Cell, Vepery, Chennai - 600 007.
2. Sulthan Alaudeen Sub-Registrar, Pallavaram, Chennai.
3. D. Murugesan ... Respondents in all Crl.O.Ps R3 is impleaded as per orders in Crl.M.P.Nos.15516, 15518 and 15519 of 2019 in Crl.O.P.Nos.26283, 26266, 26159 of 2019 dated 06.11.2019 1/5
Common Prayer: These Criminal Original petitions filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.52 of 2019 on the file of the 1st respondent and to quash the same.
For Petitioners : Mr. S.N.A.Hussainy (in all Crl.O.Ps) For R1 : Mr. A. Damodaran Addl. Public Prosecutor (in all Crl.O.Ps) For R2 : Mr. T. R. Ravi (in both Crl.O.Ps) COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the FIR in Crime No.52 of 2019 on the file of the 1st respondent. 2.It is alleged in the FIR that the other accused had executed sale deeds in favour of the petitioners by claiming title over the property which belonged to the defacto complainant.
3.The learned counsel for the petitioners submitted that the 2/5
petitioners had filed petitions for anticipatory bail before this Court and this Court had directed the petitioners to cancel the sale deeds executed in their favour. Pursuant to the said directions they had cancelled the sale deed. In view of the same, there is no loss to the defacto complainant in the above transactions. In any event, the petitioners are innocent purchasers. Hence, he prayed for quashing of the impugned FIR. 4.The learned Additional Public Prosecutor submitted that the investigation is almost completed and the respondent police will file a final report very soon.
5.Heard the learned counsel for the defacto complainant. 6.This Court is of the view that the 1st respondent shall take into consideration the fact that, the petitioners have cancelled the sale deeds in their favour and ascertain their involvement in the alleged offences and file a final report within a period of four weeks. Hence, this Court is not inclined to quash the FIR at this stage.
7.Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected Criminal Miscellaneous Petitions are closed. 3/5
22.06.2023 smv Index : Yes / No Speaking : Yes / No To, 1.The Inspector of Police, CCB - II, Land Grabbing Cell, Vepery, Chennai - 600 007.
2.The Public Prosecutor, High Court of Madras.
SUNDER MOHAN,J.
smv 4/5
22.06.2023 5/5