Ganesan @ Rama Ganesan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Ganesan @ Rama Ganesan ... Petitioner -vs1.The State rep by Inspector of Police Central Crime Branch Vepery, Chennai-600 007 2.Lt General Ravishankar

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.209 of 2022 dated 29.09.2022 on the file of Inspector of Police, Central Crime Branch, Veperi Chennai, 600 007 and quash the same. For Petitioner : No appearance For Respondent1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) Page No.1/4

ORDER

This Criminal Original Petition has been filed to quash the FIR pending in Crime No.209 of 2022 on the file of Inspector of Police, Central Crime Branch, Veperi, Chennai-600 007.

2.The allegation as found in the complaint which is under investigation indicates that the property purchased by the father of the defacto complainant alleged to have been sold to one Muthulingam in the year 2004. While the facts remains, the father of the defacto complainant one P.R.Sarma died as early as 18.10.1997 leaving behind his wife Pushpaveni, son/the 2nd respondent herein and two daughters namely P.Chamundeswari and P.Rajeshwari as his legal heirs. Taking advantage of the absence of the defacto complainant in view of his service in the army, it is alleged that the documents were fabricated and forged by impersonating the title deeds created in favour of Muthulingam.

3. The petitioner herein is the brother of said Muthulingam and the complaint is probed cheating, forgery and pursuant to the conspiracy hatched among the accused persons.

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4. Considering the material available in the CD file collected during the course of investigation, this Court finds that this case does not file within the parameters laid by the Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt Ltd., /Vs/ State of Maharashtra and Others reported in 2021 SCC Online SC 315. Hence, this Criminal Original Petition is dismissed. 24.11.2023 Internet : Yes/No Index : Yes/No nr To 1.The Inspector of Police Central Crime Branch Vepery, Chennai-600 007.

2.The Public Prosecutor High Court, Madras.

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Dr.G.JAYACHANDRAN, J.

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