JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records of the criminal proceedings pending in C.C.No.34 of 2013 on the file of the learned Chief Judicial Magistrate, Tirupur and quash the same against the petitioner.)

1. This Petition has been filed to quash the proceedings in C.C.No.34 of 2013 on the file of the learned Chief Judicial Magistrate, Tirupur, thereby taken cognizance for the offences under Sections 468, 419, 420 r/w 120 of IPC, as against the petitioner.

2. The petitioner is the fourth accused in the above case. The case of the prosecution is that 1st accused is the son of the 2nd accused. Accused Nos.1 to 4 are the residents of Tirupur and 5th accused was the resident of Palladam. Accused Nos.3 to 5 were associates of Accused Nos.1 and 2. The complainant Sivakumar was the brother of Accused Nos.1 and 2 and the second accused had previous enmity against the complainant qua partition of their ancestral property.

3. It is further alleged that prior to 10.10.1994, the accused committed criminal conspiracy by agreeing to do certain acts of offences of forgery using the forged documents as genuine with intent to fraudulently gain the landed property of an extent of 1344 sq. feet of house site comprised in T.S.No.111/5/3 of Tirupur Village. In this regard, a case in Crime No.418 of 2001 was registered by the respondent police against the accused persons and the respondent police filed charge sheet before the learned Judicial Magistrate No.II, Tirupur and the same has been taken cognizance in C.C.No.84 of 2004 for the offences punishable under Section 468, 419, 420 r/w 120 of IPC. Thereafter on administration reasons, the case was transferred and now pending trial in C.C.No.34 of 2013 on the file of the learned Chief Judicial Magistrate, Tirupur. Hence, the petitioner had filed the petition seeking to quash the criminal proceedings in C.C.No.34 of 2013.

4. Resisting the petition, the 1st respondent filed counter stating that pursuant to the order of this Court in Crl.O.P.No.7665 of 2002, dated 10.12.2002, the 1st respondent investigated the matter further and the investigation reveals that the 1st accused and four others conspired together and forged the signature of the complainant and created forged power of attorney for the vacant land measuring area about 6.25 acres in S.F.No.6, Tirupur Town and registered the documents. Further, based on the forged power of attorney, the title of the property was transferred to the 1st accused and later to the 5th accused. Thus, Accused Nos.1 to 5 committed forgery and used the forged documents as genuine and caused wrongful gain to themselves and wrongful loss to the complainant. According to the 1st respondent, the prosecution evidence in trial Court was almost completed and there was adequate evidence to establish the involvement of the petitioner in the criminal conspiracy.

5. The learned counsel for the petitioner argued that the petitioner was not at all connected with the crime and in fact, in the charge sheet filed by the 1st respondent, the role of the petitioner was not at all mentioned. There was absolutely no evidence to connect the petitioner to the crime alleged against him and therefore, prayed for quashing of criminal proceedings in C.C.No.34 of 2013 pending on the file of the Chief Judicial Magistrate Court, Tirupur in so far as the petitioner is concerned. He further submitted that as far as the third accused, who was on the same footing of the petitioner, the present proceeding has been quashed by this Court by an order dated 10.09.2018 in Crl.O.P.No.28439 of 2009. Therefore, he prayed to quash the proceedings insofar as the petitioner is concerned.

6. Per contra, the learned Additional Public Prosecutor submitted that the investigation reveals that Accused Nos.1 to 5 have committed forgery and used the forged