Abdul Haji v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.4540 of 2021 and Crl.M.P(MD) No.2541 of 2021 Abdul Haji
...Petitioner
Vs.
1.State through The Inspector of Police, District Crime Branch Police Station, Trichy District.
Crime No.13 of 2015.
2.Murali
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of F.I.R.No.13 of 2015 on the file of the first respondent police and quash the same.
For Petitioner : No appearance For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
This petitioner/Accused No.1 has been filed to quash the FIR in Crime No.13 of 2015 on the file of the Inspector of Police, District Crime Branch Police Station, Trichy District, wherein the petitioner is arrayed as A1 and he is said to have committed offence under Sections 468, 471 and 420 IPC.
2. As per the FIR, petitioner / A1 executed a sale deed in favour of the de-facto complainant vendor namely, Karunanithi in respect of the property situated in Flat Nos.4 and 5 comprised in the Survey No.102/1 and 234/2 of Om Sakthi Nagar, Samayapuram Village, Trichy District on 09.12.1998. The said Karunanithi executed a sale deed in favour of the de-facto complainant on 10.08.2001. A1 subsequently cancelled the sale deed executed in favour of Karunanithi and subsequently executed power of attorney in favour of the one Gulam Kathar and Beer Mohammed in the year 2018. On the basis of the said power deed, the said power holders executed the sale deed to one Anitha and Thilagavathy in the year 2013. The same was came to the knowledge of the de-facto complainant in the year 2015. Hence, he preferred the complaint before the
Superintendent of Police, Trichy District on 05.11.2014 and the same was forwarded to the respondent police. Thereafter, the present FIR has been registered against the petitioner and other accused for the above said offence.
3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the first respondent would submit that the investigation in Crime No.13 of 2015 has been completed and the final report was filed and the same was taken on file as C.C.No. 55 of 2021 by the learned Judicial Magistrate No.1, Trichy.
4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected miscellaneous petition stands closed.
05.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR
To 1.The Inspector of Police, District Crime Branch Police Station, Trichy District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
K.K.RAMAKRISHNAN, J.
BTR Crl.O.P.(MD) No.4540 of 2021 and Crl.M.P(MD) No.2541 of 2021 05.04.2023