R.Chandrasekaran, Male/Aged v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 15.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. Nos.18983 and 18984 of 2017 and C.M.P.Nos.11522 and 11523 of 2017 R.Chandrasekaran . . . Petitioner in both Crl.O.Ps.
Versus
1.State Represented By, Inspector of Police, (Anti Land Grabbing Cell), District Police Office, Tiruvallur District, Tiruvallur 602 001.
(Crime No.18/2017) . . . 1st Respondent in both Crl.O.Ps.
2.Lakshmi Kantha . . . 2nd Respondent in Crl.O.P.No18983/17 3.D.Subramani . . . 2nd Respondent in Crl.O.P.No18984/17 COMMON PRAYER : Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records and quash all the proceedings in C.C.No.18 and 17 of 2017 respectively, now pending investigation on the file of the 1st respondent. For Petitioner : M/s.S.Hemalatha in both Crl.O.Ps.
For Respondents : Mr.S.Vinoth Kumar in both Crl.O.Ps. Govt. Advocate (Crl.Side) for R1 : Mr.V.P.Dili Babu for R2 C O M M O N O R D E R These criminal original petitions have been filed to quash the FIRs in Crime Nos.18 and 17 of 2017 respectively, filed against the accused for the offence under Sections 419, 420, 465, 468, 471 r/w.294(b) & 506(i) IPC, on the file of the 1st respondent.
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2. The allegation in the First Information Reports indicate that the accused impersonated in the name of a dead person and created a document and registered the document in the name of the dead person and thereby committed an offence under Sections 419, 420, 465, 468, 471 r/w.294(b) & 506(i) IPC.
3. The learned counsel appearing for the petitioner submitted that, as the petitioner has already re-conveyed the property and such mistake has happened due to the larger extent of land. Therefore, as the re-conveyance was already done, the First Information Reports have to be quashed.
4. At the outset, this Court is unable to persuade itself to countenance to the submission of the learned counsel appearing for the petitioner. The allegation of impersonation is very serious, that too the document has been created only after the person was died as if he was alive. Such being the matter, this matter requires further investigation. Accordingly, at this stage, this Court will not entertain this application to quash the First Information Report.
5. In the result, both the criminal original petitions are dismissed. Consequently, the connected criminal miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar psa/asr To
1. The Inspector of Police, (Anti Land Grabbing Cell), District Police Office, Tiruvallur District, Tiruvallur 602 001.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.P.Dili Babu, Advocate, S.R.No.67189 Crl. O.P. Nos.18983 and 18984 of 2017 GJ(CO) CT/29/12/2021 https://hcservices.ecourts.gov.in/hcservices/