Madras High Court
P.Murugesan vs The Inspector Of Police on 17 June, 2021
CRL.O.P.No.10518 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.10518 of 2021
and
Crl.M.P.No.6320 of 2021
1.P.Murugesan
2.P.Suresh ... Petitioners
Versus
1.The Inspector of Police,
District Crime Branch,
Namakkal.
2.K.Palaniappan ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the entire records in relation to
Cr.No.37 of 2012 on the file of the first respondent herein and quash the
same.
For Petitioner : Mr.D.Vairamoorthy
For R1 : Mr.A.Damodaran,
Government Advocate (Crl. Side)
*****
ORDER
CRL.O.P.No.10518 of 2021
This Criminal Original Petition has been filed to quash the FIR in
st
Crime No.37 of 2012, dated 16.09.2012 pending on the file of the 1
respondent Police.
2.The learned counsel for the petitioners submitted that the case
has been registered against the petitioners based on the finding of the
Revision Petition in R.P.No.23 of 2011. The petitioners were removed
from the enjoyment of the property in survey No.248 measuring to the
extent of 8.15 acres by the Assistant Commissioner, Hindu Religious and
Charitable Endowment, Namakkal on 18.11.2011 with the aid of the
revenue officials and Police. The property is valued more than two crore.
It is seen that on 22.04.2011, a lease deed was created and it has been
notarized. This lease deed is alleged to be a forged document and based
on which, the case has been proceeded against the petitioners.
3.The learned counsel for the petitioners further submitted that
CRL.O.P.No.10518 of 2021
against the order of the Assistant Commissioner, Hindu Religious and
Charitable Endowment, Namakkal in R.P.No.23 of 2011, a statutory
appeal has been filed before the Subordinate Judge, Paramathi in
O.S.No.38 of 2018. After completing the trial, the learned Subordinate
Judge, Paramathi, by judgment, dated 28.03.2019 found that the Assistant
Commissioner, Hindu Religious and Charitable Endowment Department,
Namakkal has got no right to demand any lease amount and the
petitioners' enjoyment on the property is not illegal. The learned counsel
further submitted that Ex.P8 is the lease deed dated 22.04.2011 and no
evidence was produced in the suit to prove the lease deed is a forged one.
The entire case rest on whether the lease deed dated 22.04.2011 has been
forged or otherwise. Hence, he prayed for quashing of the FIR against
the petitioners.
4.The learned Government Advocate (Crl. Side) appearing on
behalf of the respondents 1 and 2 submitted that the lease deed dated
22.04.2011 is a forged document. Based on which, the FIR was
registered. During investigation the statement of Notary one
Mr.Shanmugam was recorded and also the statement of Stamp Vendor
CRL.O.P.No.10518 of 2021
Jayasingh recorded. Further, the lease deed was subjected to Forensic
Study and proved that it is forged one. He further submitted that on
completion of investigation, charge sheet was filed before the learned
Judicial Magistrate, Paramathi on 16.06.2020 and so far, the charge sheet
is not taken on file.
5.According to the learned Government Advocate (Crl. Side), the
pith and substance in the civil suit are not same in the criminal case. Hear
the document has been proved as forged one. The petitioners are the
beneficiaries, who were squatting upon the temple properties worth about
several crores.
6.It is seen that since charge sheet has been filed before the learned
Judicial Magistrate, Paramathy, nothing survives in the above Criminal
Original Petition and the same is liable to be dismissed and is dismissed.
Consequently, the connected Miscellaneous Petition is closed.
7.The learned Judicial Magistrate, Paramathy is directed to send a
report why the charge sheet filed on 16.06.2020 has not been taken on file
CRL.O.P.No.10518 of 2021
till date and who is the reason and cause for it.
8.Post the matter on 30.06.2021 for reporting compliance.
17.06.2021
Index: Yes/No
Internet: Yes/No
vv2
To
1.The Judicial Magistrate,
Paramathi.
2.The Inspector of Police,
District Crime Branch,
Namakkal.
3.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.10518 of 2021
M.NIRMAL KUMAR, J.
vv2
CRL.O.P.No.10518 of 2021
17.06.2021
