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2016 Supreme(Mad) 2583

P.N.PRAKASH
R. Dharmalingam – Appellant
Versus
State rep. by the Inspector of Police, Sulur Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. N.Anand Venkatesh
For the Respondent: Mr. C.Emalias, Additional Public Prosecutor

ORDER :

This criminal original petition has been filed to order transfer of investigation of the case in Crime No.306 of 2016 from the file of the 1st respondent to the file of the 2nd respondent.

2. This case appears to have a checkered history.

3. For the sake of convenience, the parties will be referred to by their name.

4. One N.J.Subramaniam, filed a suit in O.S.No.438 of 2009 against one Ganesamoorthy, Dharmalingam and four others before First Additional District Judge, Coimbatore, for specific performance of a contract dated 15.03.2016. In the suit, it was pleaded by N.J.Subramaniam that Ramukutty Gounder, father of Dharmalingam, had entered into a sale agreement on 15.03.2006, under which, he had agreed to sell his property to him. After the death of Ramukutty Gounder, the suit has been filed for specific performance against his legal heirs as stated above. Dharmalingam entered appearance and found that, the agreement dated 15.03.2006 is a forged document, inasmuch as the stamp paper for the document itself was purchased only on 23.12.2008 in the name of N.J.Subramaniam, which is much after the death of Ramukutty Gounder on 11.08.2007.

5. Thus, it was prima facie clear that the




















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