B.S.Manikandan @ P.S.Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.4272 of 2025 and Crl.MP(MD) No.3022 of 2025 B.S.Manikandan @ P.S.Manikan ... Petitioner Vs 1.The State of Tamilnadu, Rep by the Inspector of Police, Central Crime Branch, Madurai City.

Madurai.

Crime No.41/2020.

2.V.S.Mahalingam

3. Sivakumar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to the proceedings in CC No.298 of 2024, on the file of the Judicial Magistrate No.1, Madurai under Sections 406, 419, 420, 463, 465, 468, 471, 120B of IPC and quash the same as against this Petitioner.

For Petitioner : Mr.S.Loganathan, For R1 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.side) 1/5

O R D E R

The petitioner/accused in CC No.298 of 2024 has filed this Criminal Original Petition to quash the above proceedings, which is pending on the file of the learned Judicial Magistrate No.I, Madurai. 2.The respondent police has registered a case as against this petitioner and other accused for the offence under Sections 406, 419, 420, 463, 465, 468, 471, 120B IPC that the petitioner, being a document writer has helped the other accused to execute a cancellation deed, dated 10.06.2014. After investigation, final report was filed before the Judicial Magistrate No.I, Madurai, in CC No.298 of 2024 and the same is still pending.

3.The learned Counsel for the petitioner submits that the petitioner is a document writer and he prepared the cancellation deed based on the instructions and the documents placed before him. He further submits that the petitioner was not the author of the sale deed and therefore, he is not liable for any fraud being played on a document. The petitioner has not committed any offence as alleged by the prosecution. 2/5

4.Mr.A.S.Abul Kalaam Azad, learned Government Advocate (Crl.side), who takes notice for the respondent strongly objects for quashing the proceedings in CC No.298 of 2024 that the prosecution has substantiated the petitioner's involvement in the offence. 5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

6.Though the petitioner has raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Court is not inclined to entertain this petition and accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioner to raise all these grounds before the trial Court, during trial. Consequently, connected miscellaneous petition is closed.

18.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To The Inspector of Police, Central Crime Branch, Madurai City.

Madurai.

4/5

B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.4272 of 2025 and Crl.MP(MD) No.3022 of 2025 18.07.2025 5/5