ORDER :

The petitioners, who are the accused in a private complaint filed by the respondent before the learned Judicial Magistrate No.II, Karaikal in C.C.No.43 of 2015, for offence under Sections 465 and 471 of IPC, have filed the Quash Petition.

2. The gist of the case is that the respondent owns the property to the extent of 12A 60CA in R.S.No.210/1 in O.S.No.547 bis out of total extent of 41A 00CA on the middle portion situated in Kottucherry Village, Karaikal. The southern 1/3 of the said survey number came to be owned by one Govindarassu Pillai, the junior paternal uncle of the 1st petitioner and he sold the same to one G.R.Apparaj by way of registered sale deed dated 07.03.1984 and the said G.R.Apparaj is in peaceful possession of the said property. The middle portion was owned by the respondent through his father Rangananthan Pillai. The northern 1/3 was allotted to one Sokkalingam Pillai and after his death, the same is in the possession of one Deivaraya Pillai, son of Venkatachalam Pillai. The middle 1/3 of the above survey number was allotted to one Singaravelu Pillai and subsequently, the said property came to the hands of the father of the respondent and on his death to the respondent.

3. The respondent fenced his 1/3 of the middle portion of the property and later, he sold the same by way of registered sale deed dated 21.04.1993 to one A.Rajendran for constructing industrial unit. Since the said A.Rajendran could not get the industrial loan as planned for constructing industry, he reconveyed the property to the respondent on 08.03.2002 and the respondent was in continuous possession of the said property. During the month of July 2010, the respondent applied for electricity connection for one of the middle portion of the property, at that time, the 1st petitioner herein filed objection based on the copy of the document of Notarial Partition Deed dated 26.08.1933. In the said document in page No.7, at punja lot item No.8, the property is classified as “Parateru Maniakat Northern Side”. In the said document, interpolation and correction have been made to appear that the father of the 1st petitioner was allotted 3 Mah 14 Kuzhies. On close perusal of the partition deed, it was found that originally, only 14 kuzhies were mentioned and 3 Mah have been included later by some unknown persons in Karaikal revenue records. Hence, the respondent lodged a complaint to the Inspector of Police, Karaikal Town Police, Karaikal and the same was registered in Crime No.35 of 2012 against unknown officials of the Sub Registrar Office, Karaikal on 22.02.2012. On completion of investigation, on 14.12.2013, a final report filed for the reason that “Since the fixing of erring officials / staff could not be made and the case was also not able to finalize in the near future, I treated this case as UN-DETECTED and stopped further proceedings in this case and I prepared final report as UNDETECTED for the time being provided that the case will be reopened as and when necessity arises.” and also found that some persons working in the Sub Registrar Office, Karaikal made correction and insertion in the documents from 00 Mah 14 Kuzhies to 3 Mah 14 Kuzhies for vested interest. This correction is said to have taken place during the period from 22.01.2006 to 21.05.2010 has been proved.

4. The beneficiaries of the correction and interpolation are the petitioners herein. Based on the correction, the petitioners have also filed a civil suit in O.S.No.582 of 2011 with the forged documents before the learned Principal District Munsif, Karaikal to legitimize the forgery and to make claim over the property. Since the Inspector of Police, Karaikal Town Police, Karaikal failed to take any action despite coming to know about the forgery committed in the revenue records, the respondent filed a private complaint before the learned Judicial Magistrate No.II, Karaikal, enlisting witnesses and documents. The learned Judicial Magistrate No.II, Karaikal on examination of