Madras High CourtCRL RC(MD)/290/2018disposed of

C.Arul Balamurugan, v. The Inspector Of Police,

2018-07-17Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 05.07.2018 DELIVERED ON : 17.07.2018 CORAM :

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.R.C.(MD) No.290 of 2018 C.Arul Balamurugan ... Petitioner vs.

State rep. By, The Inspector of Police, Thalamuthu Nagar Police Station, Tuticorin District, In Crime No.15 of 2015.

... Respondent Prayer:- Criminal Revision Petition filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973, to call for the records from the lower Court and to set aside the order dated 24.03.2017 passed in Cr.M.P.No.114 of 2017 in C.C.No.341 of 2016 on the file of the learned Judicial Magistrate No.II, Tuticorin. For Petitioner : Mr.S.Sadeshkumar For Respondent : Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

Heard Mr.S.Sadeshkumar, learned counsel appearing for the petitioner and Mr.M.Chandrasekaran, learned Additional Public Prosecutor appearing for the respondent.

2.This petition has been filed to set aside the order dated 24.03.2017 passed in Cr.M.P.No.114 of 2017 in C.C.No.341 of 2016 on the file of the learned Judicial Magistrate No.II, Tuticorin. 3.It is stated that one Kumaresan, Sub Inspector of Police created forged patta for Survey No.130/1B Patta No.181 at Komaspuram, Mappillai Orani Village, Tuticorin Taluk, Tuticorin District to an extent of 94 cents land belonged to the Government poramboke in his name. The land was originally classified as 'Mattu Manthai' in the village records. The accused executed a general power deed in his father's name Karuppasamy and formed a lay out and executed sale deed for the house plots in favour of one Sankaran. When the same was questioned by the defacto complainant, the accused threatened him.

The petitioner came to know that the Investigating Officer filed a petition under Section 311(A) of Cr.P.C., after obtaining thumb impression, specimen signature from the accused but failed to get expert opinion and filed final report before the learned Judicial Magistrate Court No.II, Tuticorin. The petitioner https://hcservices.ecourts.gov.

filed a petition under Section 173(8) of Cr.P.C., in Cr.M.P.No.114 of 2017 which was dismissed on 24.03.2017. This petition filed against the order of the learned Judicial Magistrate. 4.On the side of the petitioner, it is stated that the learned Judicial Magistrate has dismissed the petition for further investigation. The Sub-Inspector of Police created forged documents and sold the Government poramboke land. Though the Investigating Officer obtained the thumb impression and specimen signature of the accused, he failed to sent them for expert opinion. This complainant is having the right to file a petition for further investigation. In support, Judgments passed by this Court in the case of Santha @ Santhakumari v. State in Crl.O.P.No.28777 of 2006 and in the case of Vimala Glory Bai v. The Superintendent of Police and other in Crl.R.C.No.442 of 2010 are cited. 5.On the side of the respondent, it is stated that the complainant has no locus standi to file a petition under Section 173

(8) of Cr.P.C., and the citations filed by the petitioner is not connected with the facts of this case and the lower Court is correct in dismissing the petition.

6.Records perused. A perusal of the records reveals that the offence is grave in nature. The offence is said to have been committed by public servant who is a Sub-Inspector of Police. The offence is based on records. The comparison of the signature will be useful for the trial. But no further investigation is necessary. The trial Court is directed to collect the thumb impression and the specimen signature of the accused and sent the same with the disputed documents for expert opinion and to get the report. This Criminal Revision case is disposed of with the above direction. Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate No.II, Tuticorin.

2.The Judicial Magistrate, Tuticorin District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

MRN RJ/SV/SAR-2/26/07/2018 - 2P/4C Crl.R.C.(MD) No.290 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 17.07.2018