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IN THE HIGH COURT OF MADRAS
A.D. Jagadish Chandira, J.
R. Dharmalingam – Appellant
Versus
State and Others – Respondents
Crl. R.C. No. 967 of 2019
Decided On : 13-11-2019
Constitution of India ,1950 Article 226 - Indian penal Code,1860 - Sections 420, 468, 471 read with 472 – Criminal Procedure Code,1973 - Section 161(3) – Investigation – Enquiry - Claiming equal right - Petition had lodged a complaint before Inspector of Police Station stating that they were owning an ancestral property situated in Village Coimbatore measuring an extent Petitioner and his brother along with their father had sold acres of land to accused persons who are the Respondents herein for a valuable sale consideration wife Petitioner before the Subordinate Judge and it was subsequently transferred Assistant Subordinate Judge Coimbatore on behalf of her minor children and against the Defendants/the Respondents herein claiming equal right of share over the ancestral property - Hence enmity arose between the Petitioners family and the Respondents –Held, Case situation where though specific allegations have been made against Respondents First Information Report with regard to scam made in respect of high value lands by creating false bogus and forged documents and a contention was put forth for initiating criminal proceedings against all those who are involved in such a scam Respondent Police had filed final report dropping them and filed final report against only one accused Magistrate had that protest petition filed after cognizance being taken is not maintainable and that allowing the protest petition would amount to setting aside or modifying its own order and that protest petition has treated as a private complaint - Judicial Magistrate had further that without deciding private complaint in summoning of additional accused whose names do find place in First Information Report not proper and that after cognizance has been taken Court is empowered add additional accused Court is of opinion that procedure adopted by Judicial Magistrate in taking cognizance of final report dropping names of persons mentioned in First Information Report without notice to Petitioner is illegal and further dismissing protest petition on ground of delay and observing that it is not maintainable and would amount reviewing its own order is improper - Further finding that other additional accused could be brought in only at the stage of Section also improper - As such the order taking cognizance and impugned order dismissing protest petition are vitiated and accordingly, are liable to be set aside - When Petitioner/victim being a person interested in the complaint is not put on notice final report filed in this case this Court would view matter placing itself at stage when the final report was filed before Magistrate What follows would be that such stage Petitioner has a right to file a protest petition – Petition allowed
ORDER :
1. This Criminal Revision Petition is filed, against the order dated, 26.08.2019, made in Cr. M.P. No. 337 of 2019, by the Chief Judicial Magistrate, Coimbatore, dismissing the protest petition filed by the Revision Petitioner, seeking to include the names of other accused persons, whose names were found in the First Information Report, dated 30.12.2016, registered in Cr. No. 2 of 2016, on the file of the 1st Respondent Police.
2. The facts leading to filing of this Criminal Revision Petition are as follows:-
(b) While so, the Respondents 2 to 4 along with the Respondents 5 and 6 had created a forged agreement for sale, by forging the signature of the Petitioner and his family Members to sell 1.60 acres to the 6th Respondent. Using the forged agreement for sale dated, 15.03.2006, the 6th Respondent had filed O.S. No. 438 of 2009, seeking specific performance, before the District Judge, Coimbatore and the Petitioner had also filed his written statement in the said suit. The 2nd Respondent had criminally intimated the wife of the Petitioner to withdraw the said civil suit filed by her, stating that if she does not withdraw the suit, he will grab the land worth about Rs. 20 crores mentioned in the agreement for sale.
(c) Hence, the Revision Petitioner had made a complaint before the Inspector of Police, Sulur Police Station, against the Respondents 2 to 5. Though C.S.R. No. 555 of 2014 was issued, neither the First Information Report was registered nor any investigation was done by the Sulur Police, since the Respondents 2 to 6 are politically much influential persons. Hence, the Petitioner had filed Crl. O.P. No. 9938 of 2015 before this Court, wherein by order dated, 22.04.2015, this Court had directed the Inspector of Police to conduct an enquiry, in accordance with law.
(d) In the mean time, the Petitioner had obtained an intimation from the Treasury Officer dated 31.10.2014, stating that the stamp paper for Rs. 20/- which was used to create the forged sale agreement, was issued to one T.C. Kurusamy/Stamp Vendor, on 23.12.2008, vide Stamp Paper No. 30AA477977. By using the stamp papers purchased in 2008, the accused persons have created forged agreement for sale dated, 15.03.2006 and based on the said forged agreement, the 6th Respondent had instructed his counsel to withdraw the suit in O.S. No. 438 of 209 as if the suit was settled amicably. The Petitioner had instructed his counsel to make endorsement that the matter was not amicably settled and the agreement for sale was a forged one. Accordingly, endorsements were made.
(e) The Inspector of Police, Sulur Police Station, without conducting enquiry, had closed the complaint on 10.08.2015, by colluding with the accused persons. Hence, the Revision Petitioner had filed Crl. O.P. No. 15024 of 2015 before this Court. This Court by order dated, 5.10.2015, had set aside the closure report dated 10.08.2015, directing the Inspector of Police to con
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