Madras High CourtCRL OP(MD)/11978/2014modified

A.Sankarasubbu v. S.Alangara Cruz

2015-02-04Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.11978 of 2014 and M.P(MD)Nos.1 and 2 of 2014 A.Sankarasubbu Sub-Registrar (Previously at Valliyoor Sub registry now at Palayamkottai) .. Petitioner/A-3 .. Vs ..

S.Alangara Gruz .. Respondent Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.686 of 2013 on the file of the Judicial Magistrate, Vallioor, Tirunelveli District and to quash the same.

For Petitioner : Mr.K.Mahendran for M/s.R.M.Arun Swaminathan For respondent : Mr.K.K.Samy

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.686 of 2013 on the file of the learned Judicial Magistrate, Vallioor, Tirunelveli District.

2.The learned counsel for the petitioner would submit that the primary accusation in the complaint preferred by the respondent is of wrongful transfer of property belonging to the Sangam having been made in favour of the second accused, who had plotted out the same and reaped huge profits. As regards the petitioner/A-3, though allegations of acting in tandem with the accused 1 and 2 are informed, it is seen that he is only a Registrar and he effected registration of the document merely on the basis of the resolution and other documents placed before him by the first accused. He would further submit that in the departmental proceedings, no wrong doing of the petitioner has been found.

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3. In such circumstances, this Criminal Original Petition shall stand allowed and the proceedings in C.C.No.686 of 2013 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District, shall stand quashed insofar as the petitioner/third accused is concerned. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Judicial Magistrate, Vallioor,Tirunelveli District +1cc to Mr.K.K.Samy,Advocate, SR.No.5091 +1cc to MR.R.M.Arun Swaminathan, Advocate SR.No.5038 CRL.O.P.(MD)No.11978 of 2014 04.02.2015 pm PA/11.02.15/1P/4C https://hcservices.ecourts.gov.in/hcservices/