JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1769 of 2014 on the file of the Inspector of Police, S-8, Adambakkam Police Station, Chennai and quash the same.)

1. This petition has been filed to call for the records in Crime No.1769 of 2014, on the file of the Inspector of Police, S-8, Adambakkam Police Station, Chennai and quash the same.

2. The petitioner/accused, in Crime No.1769 of 2014 for the offence under Sections 447, 341 and 506(i) IPC, has filed this quash petition.

3. The gist of the complaint is that the defacto complainant P.Deekaram had lodged a complaint on 03.11.2014 to the respondent Police stating that he is residing at Athur Thimmavaram Village High Road, Chengalpattu Taluk, Kancheepuram District and property in Adhambakkam Village, comprised in Survey No.71/1 to an extent of 0.98 cents is his rightful possession in patta No.48. The petitioner herein is the son of Late. A.S.L. Rajan and his son Bharath claimed right over the property through Doc.No.571 of 1971 from the Tiruvannamalai Aadheenam Inam Act and patta has been obtained for the same. The land belongs to minor inam, further, there is some dispute over the same and due to which a case is pending before the Civil Court. The property in possession and enjoyment of the defacto complainant has been criminally trespassed and encroached upon and sealed with sheets covering the property, the defacto complainant was restricted to enter into his property. Thereafter, the defacto complainant approached the Revenue Officials and the Survey Department to survey the land and to mark the boundaries. The Special Thasildar agreed to the same. When the defacto complainant was making arrangement for the same, the petitioner herein objected for the same and threatened the defacto complainant and abused him that he would be done away. Hence, the complaint was lodged.

4. The contention of the petitioner is that the property in Adhambakkam Village, comprised in Survey No.71/1 to an extent of one cent in Patta No.48 is in his possession along with his son Bharath and he also owned the property comprised in S.No.72, pursuant to a sale deed in Doc.No.571 of 1971 and patta issued by Assistant Settlement Officer, Tiruvannamalai under Inam Act. Suppressing the said facts, the defacto complainant had approached the Revenue Divisional Officer, Tambaram and obtained patta in his name, despite the fact that the said RDO, Tambaram has no jurisdiction to issue patta. Thereafter, the defacto complainant settled the property in Doc.No.2638 of 2015 on 15.04.2015 to his son and now challenging the same in the above case. The petitioner earlier moved a quash petition before this Court in Crl.O.P.No.699 of 2015 and this Court on the submission of the petitioner as well as the defacto complainant had given a direction to the respondent Police to complete the investigation in Crime No.1769 of 2014 after giving opportunity to the petitioner and the respondent within a period of Twelve weeks. Thereafter, the petitioner submitted all the necessary documents and the order of this Court before the law enforcing agency. Thereafter, no action taken. Hence, filed the present quash petition.

5. The learned counsel for the petitioner has submitted that the defacto complainant has no locus standi to lodge this complaint in view of the undisputed fact that the complainant, claiming title over the petitioner’s property comprised in Survey No.71/1 and 71/3, Adhambakkam Village filed a Civil Suit in O.S.No.582 of 1997, which was dismissed on 30.04.2003 after full-fledged trial. Thereafter, appeal in A.S.No.83 of 2009 was filed and later withdrawn. Suppressing these facts, the defacto complainant approached the Revenue Divisional Officer, Tambaram, obtained patta in his name. The petitioner herein challenged the same in W.P.No.13302 of 2015 and the same was allowed, setting aside the order passed by the Revenue Divi