R.Ramasamy v. The Inspector Of Police

Crl.O.P.(MD)No.13873 of 2020 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13873 of 2020 and Crl.M.P(MD)No.6368 of 2020 R.Ramasamy ... Petitioner/Accused No.11 Vs.

1.The State represented by, The Inspector of Police, District Crime Branch, Madurai.

... 1st Respondent/Complainant 2.S.Sivakumar ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.28 of 2020 on the file of the first respondent and quash the same as illegal as against the petitioner is concerned. For Petitioner : Mr.J.Jeyakumaran For R - 1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.28 of 2020 on the file of the first respondent. 2.The case of the prosecution is that the defacto complainant is running a partnership firm namely Muthuvel Auto Finance and Muthuvel Credits and they purchased the properties measuring to an extent of 3 acres 90 cents situated at Samanatham Village, Madurai District through a registered sale deed from the first accused/Rajendran. The said sale deed was executed in favour of the defacto complainant. Thereafter, the first accused sold the above said properties to the second accused through registered sale deeds with the help of the other accused persons by creating forged documents.

In addition to that, the first accused cancelled the sale deed executed in favour of the defacto complainant by impersonating one Mahalingam with the help of the petitioner/Sub-Registrar. Hence, the second respondent lodged a complaint. Based on the said complaint, a case has been registered against the petitioner and other accused in Crime No.28 of 2020 on the file of the first respondent for the offences under Sections 120(b), 468, 471, 419, https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.13873 of 2020 406 and 420 of I.P.C.

3.While pending investigation, another partner of Muthuvel Auto Finance and Credits lodged another complaint before the City Crime Branch, Madurai.

4.The learned Additional Public Prosecutor appearing for the first respondent would submit that the case in Crime No.28 of 2020 has been transferred to the file of the Inspector of Police, City Crime Branch, Madurai and now the investigation is pending. 5.In view of the above submission, this Criminal Original Petition is closed, since the investigation in Crime No.28 of 2020 clubbed together with Crime No.41 of 2020. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Inspector of Police, District Crime Branch, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Crl.O.P(MD)No.13873 of 2020 08.03.2022 SB(CO) TR(21.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2