L.Mathialagan @ Chandrasekaran vs ) The State Rep. By
2023 Latest Caselaw 14836 Mad

Madras High Court

L.Mathialagan @ Chandrasekaran vs ) The State Rep. By on 24 November, 2023

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                             Crl.O.P.No.6511 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 24.11.2023

                                                        CORAM:

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                               Crl.O.P.No.6511 of 2021 and
                                                Crl.M.P.No.4322 of 2021

                L.Mathialagan @ Chandrasekaran                                     ... Petitioner
                                                          -Vs-


                1) The state rep. by
                Sub-Inspector of Police,
                Chinna Salem Police Station,
                Villpuram District.

                2) P.Dhanalakshmi                                                  ... Respondents


                PRAYER: Criminal Original Petition has been filed under Section 482 of

                Criminal Procedure Code, to call for the records pertaining to the charge sheet

                in C.C.No.34 of 2020 dated 03.02.2020 on the file of the Judicial Magistrate 2,

                Kallakuruchi and quash the same.

                                   For Petitioner     : Mr.V.Chandraprabu

                                   For Respondent 1 : Mr.A.Gopinath,
                                                      Government Advocate (Crl.Side)

                                   For Respondent 2 : No appearance



https://www.mhc.tn.gov.in/judis
                Page 1 of 6
                                                                                Crl.O.P.No.6511 of 2021

                                                         ORDER

This Criminal Original Petition has been filed to quash the proceedings

in C.C.No.34 of 2020 on the file of the Judicial Magistrate No.2, Kallakurichi

for the offences under Sections 147,148,294(b),352,448,427 and 509(ii) of

IPC and Section 4 of TamilNadu Prohibition of Harassment of Women Act,

2002.

2. The case of the prosecution is that this petitioner is the brother of the

Defacto-complainant. On 09.06.2019 at about 11.00a.m, this petitioner and

six others came to the residence of the defacto-complainant with lethal

weapons and abused the 2nd respondent/defacto-complainant with filthy

languages. The petitioner and six others have demolished the house of the 2nd

respondent and also damaged the articles in the house and caused a loss to the

tune of Rs.20,000/-. Hence the complaint.

3. The learned counsel for the petitioner submitted that there are totally

seven accused, in which this petitioner is arrayed as 1st accused. He further

submitted that a land was given to the petitioner by his father under a

registered WILL bearing Document No.30/1998 dated 01.04.1998. Under the

above said registered WILL dated 01.04.1998, the petitioner's father https://www.mhc.tn.gov.in/judis

Mr.Lakshmana Mupeer had bequeathed the 12 acres of land in favour of his

two sons. However the 2nd respondent also claims the same property by way

of unregistered WILL dated 27.10.2001. The said will was fabricated one The

2nd respondent is claiming title to the property on the strength of fabricated

and forged WILL. While being so, on 09.06.2019 at about 11.00a.m. this

petitioner and other accused entered the house of the defacto-complainant and

attacked her. They also damaged the household articles worth about 20,000/-.

4. On perusal of the statement recorded from the witnesses revealed that

there was a dispute in respect of the property which was already bequeathed in

favour of this petitioner. It is evident that there are inconsistencies in the

statements made by the witnesses who all spoke about the alleged incident took

place on 09.06.2019. The learned counsel for the petitioner also stated that the

subject land in question was already bequeathed in his favour. Therefore, this

petitioner is in possession and enjoyment of the said property along with his

family members. The entire occurrence taken place on 09.06.2019 is false and

no such occurrence happened. The grounds raised by the petitioner can be

considered only before the trial court during trial.

https://www.mhc.tn.gov.in/judis

5. In view of the above discussion, this Court is not inclined to quash the

proceedings in C.C.No.34 of 2020 in Crime No.372 of 2019 on the file of the

Judicial Magistrate 2, Kallakurichi. The petitioner is at liberty to raise all the

grounds before the trial Court. The personal appearance of the petitioner is

dispensed with and he shall be represented by a counsel after filing appropriate

application. However, the petitioner shall be present before the Court at the

time of furnishing of copies, framing charges, questioning under Section 313

Cr.P.C. and at the time of passing judgment.

6. Accordingly, this criminal original petition is dismissed. Consequently,

connected miscellaneous petition is closed.

24.11.2023

Index :Yes/No Internet : Yes/No Speaking order/non-speaking order gvn

https://www.mhc.tn.gov.in/judis

To

1) The Judicial Magistrate 2, Kallakurichi.

2) The Sub-Inspector of Police, Chinna Salem Police Station, Villpuram District.

3) The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

G.K.ILANTHIRAIYAN, J.

gvn

24.11.2023

https://www.mhc.tn.gov.in/judis