Padmaselvan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23649 of 2023 and Crl.M.P.Nos.16467 of 2023 Padmaselvan ... Petitioner Vs.

1. The State rep by, The Inspector of Police, Anti Land Grabbing Cell -II, Team-23A, Central Crime Branch -III, Veppery, Chennai - 600 007.

2. K.Parthasarathy ...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for records pertaining to the C.C.No.5464 of 2023 on the file of the learned Metropolitan Magistrate, Special Court for Land Grabbing Cases, Allikulam, Chennai-03 and quash the same. For Petitioner : Mr. M.Gnansekar For R1 : Mr.S.Udhaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

Petition is filed to quash the final report against the petitioner in C.C.No.5464 of 2023 taken on file by the learned Metropolitan Magistrate, Special Court for Land Grabbing Cases, Allikulam, Chennai.

2. Petitioner herein is shown as first accused for alleged impersonation and fabrication of false documents. The final report indicates that, property measuring 2,400 sq.ft in the name of Lalithambiga and another 2,400 sq. ft in the name of Parthasarathy at Velacherry village been targeted for grabbing by forging documents. In pursuant to the said criminal intention, one Kala had arranged impersonators to act as Lalithambiga and Parthasarathy. Petitioner herein was given Power of Attorney by those two impersonators and documents were created as if, for those two properties Lalithambiga and Parthasarathy has appointed the petitioner herein as Power Agent. Thereafter, based on the power of attorney deed, attempt was made to alienate the property. However, in view of the complaint given by Parthasarathy, the said attempt was aborted. For conspiracy, cheating and using forged documents as genuine, case has been registered and on 2/4

investigation, preliminary final report had been filed, since the prime accused Kala and others are still absconding.

3. It is the submission of learned counsel for the petitioner that, petitioner innocently accepted to be the power agent on inducement of Kala and he has no criminal intention to cheat any person.

4. However, the material collected by the Police, which was placed before the Court indicates that, by impersonation, Power of Attorney deed was registered in favour of the petitioner and this petitioner, pursuant to the conspiracy had attempted to sell the property. Hence, the quash petition cannot be entertained.

5. The learned counsel for the petitioner submitted that, alleged power of attorney deed was cancelled on 12.02.2019. Therefore, petitioner has proved his innocence. Further, petitioner is ready to turn to be an approval for prosecution.

6. In this regard, it is for the Investigation Officer to consider the said 3/4

request and the Court cannot make any observation.

7. In the light of the above discussions, this Court is of the view that, petition to quash cannot be entertained. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

08.11.2023 Index : Yes/No Sma 4/4

To

1. Metropolitan Magistrate, Special Court for Land Grabbing Cases, Allikulam 2.The Inspector of Police, Anti Land Grabbing Cell -II, Team-23A, Central Crime Branch -III, Veppery, Chennai - 600 007.

3. The Public Prosecutor, Madras High Court.

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Dr.G.JAYACHANDRAN,J.

Sma Crl.O.P.No.23649 of 2023 and Crl.M.P.Nos.16467 of 2023 08.11.2023 6/4