JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for records and quash the charge sheet in C.C.No. 36 of 2016 on the file of the Judicial Magistrate No.II, Vellore.)

1. This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure seeking to quash the charge sheet in C.C.No. 36 of 2016 pending on the file of the learned Judicial Magistrate No.II, Vellore.

2. The second respondent herein had given a complaint to the Superintendent of Police, Vellore alleging that the third and fourth petitioners/A-4 & A-5 herein had induced him to purchase lands in s.No. 843/4 at Mosur Village measuring to an extent of 2.80 acres. He also claimed that he purchased the property by a registered sale deed dated 05.11.2007 registered as Document No. 9116 of 2007 on the file of Sub Registrar Office -1, Arakkonam for total consideration of Rs.9,80,000/-. He further claimed that when he came to take possession, he found that his Vendors, namely, the third and fourth petitioners herein did not have title but they had prevailed upon the first, second and third accused to sell the lands to them though it had already been sold by the accused Nos. 1, 2 and 3 to some other person. He alleged that the third and fourth petitioners herein/A-4 and A-5 had therefore cheated him and when he questioned them, they threatened him with dire consequences. The said complaint was thereafter forwarded to the District Crime Branch, Vellore/first respondent, who registered First Information Report in Crime No. 55 of 2010 under Sections 467, 468, 471, 420, 506(i) read with 120(b) IPC. The investigation was conducted by the first respondent and thereafter, a final report had been laid originally before the learned Judicial Magistrate Court at Arakonam and the same was taken cognizance as C.C.No. 221 of 2012 and later, it had been transferred to the learned Judicial Magistrate Court No.II, Vellroe and renumbered as C.C.No. 36 of 2016.

3. Heard Mr. P.Krishnan, learned counsel for the petitioners/A-2, A-3, A-4, A-5 and A-7, Mr. E.Raj Thilak, learned Additional Public Prosecutor appearing for the first respondent and Mr.K.R.Samratt, learned counsel for the second respondent/defacto complainant.

4. It must also be mentioned that A2 and A3 are the sons of A-1. Pending proceedings, A-1 had died. A-3 had also died and death certificate was filed before this Court and also recorded. A-6 is also reported dead. Therefore, the charges against A-1, A-3 and A-6 naturally abate.

5. The learned counsel for the petitioners stated that the said lands in S.No. 843/4 measuring 2.80 acres at Mosur Village, originally belonged to Navakotti, who was the husband of A-1 and father of A-2 and A-3. After his demise, the A-1, A-2 and A-3 had executed a power of attorney dated 05.11.2004 appointing one A.P.Gokul to develop the property. This power of attorney was subsequently cancelled on 27.03.2007 since the said agent did not develop the lands. Thereafter on 29.03.2007, A-1, A-2 and A-3 had sold the land in favour of the A-4 and A-5/3rd and 4th petitioners herein by a registered Deed of Sale as Document No. 1905 of 2007 on the file of Sub Registrar Office, Joint-I, Arakkonam, for a sale consideration of Rs.1,12,000/-.

6. It appears that thereafter, the third and fourth petitioners herein had executed a sale deed on 05.11.2007 in favour of the second respondent. There is also yet another sale deed dated 05.02.2007 in favour of the parents of the second respondent which was kept pending under Section 47(A)(1) of the Indian Stamp Act. The said document was therefore not immediately registered. This naturally mean that the said document was also not reflected in the encumbrance certificate. Thus, this fact led to another sale deed being executed and it is claimed that the third and fourth petitioners herein had executed such sale deed since the sale deed which was kept pending in the Registrar Office was not reflected in the encumbrance c