IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
S.P. Velayutham & Anr. - Petitioners
Vs.
Inspector of Police, Central Crime Branch & Ors. - Respondents
Crl. O.P. No. 10825 of 2010
Decided On : 05-07-2017
Indian Penal Code ,1860 - Sections 120-B,120-A, 465, 466, 467, 468 ,420, 109 and 471 – Criminal Procedure Code,1973 - Section 145,145(4) and 482 - Criminal Original Petition has been preferred under Section 482 of Cr.P.C. seeking to quash the F.I.R. in Crime No.41 on file of the 1st respondent police, wherein petitioners have been arrayed as 1st and 2nd accused for alleged commission of offences under Sections 120-B, 465, 466, 467, 468 read with 420, 109, 471, IPC, based on the complaint preferred by one, on behalf of five different companies viz., the respondents 2 to 6 - Criminal law has been set in motion by the said, as a power of attorney agent of the respondents 2 to 6, who are in turn power agents of various individuals claiming to be owners of a vast extent of land at District - Present complaint has been preferred as against the petitioners herein (1st and 2nd accused) and four others, alleging that a sale deed, a settlement deed and agreements were executed by them with respect to above said land, without having any right or title over the said land - It appears that the respondents 2 to 6 have mortgaged the said land to Indian Bank, who had later assigned the mortgage in favour of Asset Reconstruction Company (India) Ltd. (ARCIL), which has been impleaded in this original petition as the 7th respondent – Held, It is made clear from the above judgments of the Hon ble Supreme Court that a person cannot be rendered criminally liable only because he has executed a document pertaining to a property without having right to do so - In absence of any allegation reflecting ingredients of any offence, continuance of criminal proceeding cannot be justified - Criminal proceedings cannot be used as a medium for finding solutions for title disputes over properties and same cannot be entertained - As allegations do not make out any offence of forgery or cheating, the charges under Sections 465, 466, 467, 468 read with 420, 109, 471, IPC has to be quashed - Learned Public Prosecutor had sought time to further investigate into the complaint, on the ground that a new investigating officer has taken charge pursuant to the order passed by this Court in Crl.O.P.No.22473 order passed by this Court does not deal with merits or demerits of impugned FIR and said order primarily pertains to another FIR relating to same land, wherein the 1st petitioner is the informant - In view of the above findings, this Criminal Original Petition is allowed, it is clear that the impugned F.I.R. is an off shoot of title dispute between parties and no criminality can be seen to justify continuation of criminal investigation based on impugned F.I.R. Hence, F.I.R. in Crime No. 41 on file of 1st respondent police, is hereby quashed – Order accordingly.
The above Criminal Original Petition has been preferred under Section 482 of Cr.P.C. seeking to quash the F.I.R. in Crime No.41 of 2009, on the file of the 1st respondent police, wherein the petitioners have been arrayed as 1st and 2nd accused for alleged commission of offences under Sections 120-B, 465, 466, 467, 468 read with 420, 109, 471, IPC, based on the complaint preferred by one, D. Gopichandran, on behalf of five different companies viz., the respondents 2 to 6.
2. The criminal law has been set in motion by the said D. Gopichandran, as a power of attorney agent of the respondents 2 to 6, who are in turn the power agents of various individuals claiming to be the owners of a vast extent of land at Alandur Village, Kancheepuram District. The present complaint has been preferred as against the petitioners herein (1st and 2nd accused) and four others, alleging that a sale deed, a settlement deed and agreements were executed by them with respect to the above said land, without having any right or title over the said land. It appears that the respondents 2 to 6 have mortgaged the said land to Indian Bank, who had later assigned the mortgage in favour of Asset Reconstruction Company (India) Ltd. (ARCIL), which has been impleaded in this original petition as the 7th respondent.
3. I heard the learned senior counsel, Mr. R. Krishnamurthy and Mr. V. Raghavachari, appearing on behalf of the petitioners, Mr. P. Rajarathinam, learned Public Prosecutor, appearing for the 1st respondent, Assisted by Mr. P. Govindarajan, learned Additional Public prosecutor, Mr. N. Ramakrishnan, learned counsel appearing for the respondents 2 to 6 and the learned senior counsel Mr. Aravind Pandian, appearing for the 7th respondent. Perused the voluminous documents produced on behalf each parties, including the case dairy submitted by the 1st respondent police.
4. The only issue that has to be decided in the above original petitions is whether the case of the prosecution, if assumed to be true in its entirety, would render the petitioners criminally liable. The brief set of facts, as reflected in the impugned FIR that are essential to determine the above issue can be summarized as follows:
(i) A vast extent of land at Alandur Village, Kancheepuram District was owned by one, Sriramulu Reddiar, disposed off various portions of the said land and retained an extent of about 1.87 Acres only. Pertaining to the said extent of 1.87 Acres, a Partition Deed was executed between the said Sriramulu Reddiar and his five sons on 19.09.1977, which was registered as Document No. 2124 of 1980, on the file of the Sub Registrar, Alandur. By virtue of the said partition, one of the sons of the said Sriramulu Reddiar namely, Deenadayalu Reddiar (3rd accused) had derived an extent of 31 cents of land.
(ii) During 1985 to 1986, the said Sriramulu Reddiar and his sons, including the said Deenadayalu Reddiar had sold the said extent of about 1.87 Acres also in favour of various persons. Subsequently, an extent of about 150 grounds comprised in Survey No.16, 17, 18, 19 and 21 of Alandur Village, which was originally owned by Sriramulu Reddiar was purchased by one, M. Subramanian and others through various Sale deeds. After the purchase of the lands, the said M. Subramanian and others have been in joint possession and enjoyment of the properties and the revenue records were transferred into their respective names.
(iii) Subsequently, the said M. Subramanian and others, through their Power of Attorney Agents namely the 2nd to 6th respondents herein had mortgaged approximately 120 grounds of the said land at Alandur Village to Indian Bank by depositing the original title deeds.
(iv) From the year 1997, Indian Bank had been issuing repeated advertisements in news papers, publicizing the fact of mortgage of 120 grounds of land. In the year 2002, Indian Bank posted its security personnel in the mortgaged property. During January, 2005, Indian Bank initiated proceedings under the S
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