The court emphasized the importance of complying with the orders of higher courts and ensuring the right to be heard for the accused in legal proceedings.

JUDGMENT

(Prayer in Crl.O.P.No.18104 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Chief Judicial Magistrate, Coimbatore to commence the speedy trial proceedings in C.C.No.21480 of 2019, on the file of the learned Chief Judicial Magistrate, Coimbatore.

Crl.O.P.No.21854 of 2021: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to docket order dated 06.09.2021 in CC.No.21480/2019 and quash the same and direct the learned Chief Judicial Magistrate, Coimbatore to hear the protest petition after giving opportunity to the petitioners 1 to 4 herein.)

Common Order

1. Crl.O.P.No.18104 of 2021 has been filed to direct the learned Chief Judicial Magistrate, Coimbatore (trial Court) to commence the speedy trial proceedings in C.C.No.21480 of 2019.

2. Crl.O.P.No.21854 of 2021 has been filed to quash the docket order, dated 06.09.2021 in C.C.No.21480 of 2019 passed by the learned Chief Judicial Magistrate, Coimbatore (trial Court) and direct the trial Court to hear the protest petition after giving opportunity to the petitioners 1 to 4.

3. For the sake of convenience and clarity, the petitioners in Crl.O.P.No.21854 of 2021 and respondents 2 to 5 in Crl.O.P.No.18104 of 2021 are referred as accused and the petitioner in Crl.O.P.No.18104 of 2021 and for the 1st respondent in Crl.O.P.No.21854 of 2021 is referred as defacto complainant.

4. The issues for filing the above petitions are that one Ganeshamoorthy, brother of the defacto complainant in C.C.No.21480 of 2019 lodged a complaint before the Inspector of Police, Sulur Police Station, Coimbatore against the accused with regard to creation of forged document, dated 15.03.2006. Using the forged document, N.J.Subramaniam, one of the accused in C.C.No.21480 of 2019, had filed civil suit in O.S.No.438 of 2009 before the learned First Additional District Judge, Coimbatore. Initially, on the complaint of Ganeshamoorthy, C.S.R.No.555 of 2014 was assigned, but no case was registered. Thereafter, the defacto complainant moved this Court and filed a petition in Crl.O.P.No.9938 of 2015 and obtained a direction from this Court. After enquiry, the complaint of the defacto complainant was closed as ‘Mistake of Fact’ and notice was served to the defacto complainant on 05.08.2016, aggrieved against the same, the defacto complainant filed Crl.O.P.No.15024 of 2015 before this Court to direct the Inspector of Police, Sulur Police Station, Coimbatore to conduct proper enquiry and register a case on the basis of the complaint. This Court, by order, dated 05.10.2015, had set aside the closure report, dated 10.08.2015 and directed the Inspector of Police, Sulur Police Station, Coimbatore to conduct fresh enquiry on all aspects and take action in accordance with law. Despite the same, no action was taken by the Police and hence, the defacto complainant filed a Contempt Petition in C.P.No.2768 of 2015 before this Court, in which this Court, by order, dated 22.03.2016 issued direction to secure the forged sale agreement and cause enquiry into the matter. Thereafter, a case in Crime No.306 of 2016 was registered, for offence, under Sections 420, 468, 471 and 472 IPC. After investigation, it was reported by the Inspector of Police, Sulur Police Station, Coimbatore that ‘Further Action Dropped’ against the accused. Hence, the defacto complainant filed Crl.O.P.No.15756 of 2016 before this Court seeking transfer of investigation in Crime No.306 of 2016. This Court, by order, dated 10.08.2016 set aside the closure report in Crime No.306 of 2016 and transferred the case to the file of the Inspector of Police, CCB, Coimbatore for reinvestigation. Despite the same, no action action was taken by the Inspector of Police, CCB, Coimbatore. Subsequently, Crl.O.P.No.23712 of 2016 was filed by the defacto complainant seeking change of investigation from the file of Inspector of Police, CCB, Coimb