JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C. No.38 of 2017 on the file of the Judicial Magistrate, Mettupalayam, and quash the same.)

1. This Criminal Original Petition has been filed to quash the proceedings in C.C. No.38 of 2017, pending on the file of the learned Judicial Magistrate, Mettupalayam.

2. Brief facts of the case in a nutshell are as follows:-

The learned Judicial Magistrate, Mettupalayam, took cognizance of the private complaint filed by the respondent/Genesis Society, registered in the year 2014. The first accused is the Trust and the other accused are trustees, purchasers, lessees, attestors of the documents and Bank official, who have sanctioned the loan in respect of immovable property originally owned by the Trust, subsequently purchased by some of the accused herein. The private complaint was lodged, as if there were several sale deeds and lease deeds executed among relatives, thereby, they caused breach of trust. Hence they committed an offence punishable under Sections 107 to 109, 120B, 405, 406, 409 and other provisions of the Indian Penal Code.

3. Though the private complaint runs to about 28 pages, just like a civil Suit, the main allegation pressed into service with regard to the sale of certain properties, dated 21.06.1977 and 21.12.1981, and lease deeds of the years 1994 and 1996, the main contention of the learned counsel appearing for the petitioners is that the private complaint itself is motivated and the result of a civil litigation which went against one of the daughters of the second accused and his son in law.

4. It is his further contention that the trust deed itself authorised by the trustees to deal with the properties and the Civil litigations filed by the daughter of second accused went against her and ultimately concluded in S.L.P.Nos.15105 and 15106 of 2018.

5. It is his further contention that the so called society has been formed in the year 2014. The relationship between one of the daughters of the second accused and her husband on one side and second accused on the other side was marred due to several acrimonious litigation between daughter against father, who is arrayed as second accused in private complaint. This prosecution itself is the result of hatredness and rancour exhibited by daughter and son-in-law of second accused. It is further submitted that civil litigation initiated by daughter of second accused went upto Apex Court and dismissed not stopping with, several petitions were filed in the form of Trust O.P before Principal District Judge, Coimbatore which were also dismissed by Civil Court.

6. On 18.02.2010, one Jayashree Jayanth, daughter of second accused and two others had filed Trust O.P.108 of 2010, before the Principal District Judge, Coimbatore, for seeking removal of the respondents 2 to 4 therein, from the office of the Trustees in P.B.Nanjaiah Lingammal Charities Trust. Subsequently, the above Original Petition was dismissed as not pressed on 12.02.2013 before the Principal District Judge, Coimbatore. Besides she also filed an application along with two others, in I.A.No.2199 of 2011 in O.S.C.F.R.No.26110 of 2011, on the file of the Principal District Judge, Coimbatore, to grant leave to the petitioner, therein to file a suit to settle the scheme for administration of the Trust and to remove the respondents/defendants 2 to 6 from the office of the Trustees in the Trust, and to appoint new trustees and directing accounts and inquiries and restraining the respondents from interfering with the affairs of the Trust, which was also subsequently dismissed.

7. In the meanwhile, when the matters are pending, suddenly, the Society was formed on 11/3/2014 with its object to espouse the interest of the Public Charitable Endowment. Thereafter, they have also filed an application to implead as a party in the pending leave Application filed by Jayashree on 04.01.2016. Thereafter, the above applications we