The main legal point established in the judgment is the court's discretion to frame charges based on prima facie evidence, even in cases involving civil disputes and criminal prosecution.

JUDGMENT

(Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.7 of 2014 pending before the Judicial Magistrate-I, Chengalpattu and quash the same insofar as these petitioners/Accused 55, 61 & 63 to 65 are concerned.

Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records in C.C.No.7 of 2014 on the file of the learned Judicial Magistrate-II, Chengalpattu, Kancheepuram District and quash the same.)

Common Order

1. Crl.O.P.No.11086 of 2015 is filed to call for the records pertaining to the charge sheet in C.C.No.7 of 2014 pending before the Judicial Magistrate – I, Chengalpattu and quash the same in so far as these petitioners/accused 55, 61, 63 to 65 are concerned.

2. Crl.O.P.No.15354 of 2014 is filed to call for the records pertaining to the charge sheet in C.C.No.7 of 2014 pending before the Judicial Magistrate – II, Chengalpattu and quash the case against the petitioners who are accused Nos.2, 12, 13, 69, 70, 8 and 26 respectively.

3. The gist of the allegations made against accused 1 to 86 in this case is that the properties to an extent of 87.02 acres in Thathankuppam Village, Thondamanallur Panchayat, Cheyyur Taluk, Kancheepuram District belong to the second respondent's grandfather Sanjeevi Reddiyar son of Narayana Reddiyar. There was a property dispute between Sanjeevi Reddiyar on the one side and Adhiyappa Reddiyar and Narasa Reddiyar and 13 others on the other side. Sanjeevi Reddiyar filed a suit in O.S. No.350 of 1961 to establish his rights in the suit property. The suit was decreed followed by confirmation of his rights in the properties by the District Court and then the High Court. After Sanjeevi Reddiyar, his son Venkata Perumal Reddiyar was enjoying the property. Adhiyappa Aeddiyar and Narasaa reddiyar were permitted to cultivate the lands and they were also paying the share of produce to Venkata Perumal Reddiyar. Defacto complainant is the son of Venkata Perumal Reddiyar. He filed a suit in O.S.No.44 of 2001 against his father, brother and sister seeking partition, before the Principal District Court, Chengalpattu. The suit was transferred to Fast Track Court, Chengalpattu and is pending in O.S.No.449 of 2004. Adhiyappa reddiyar and Narasaa reddiyar were impleaded as defendants 4 and 5 in the said suit. Venkata Perumal Reddiyar died on 08.08.2002. When the defacto complainant visited the suit properties to find out the crop cultivated, he found that Adhiyappa reddiyar and Narasaa Reddiyar had executed several documents creating encumbrance and alienations over the property. They have executed settlement deed, exchange deed, mortgage deed and sale deed without any right in the property and against law. They sold the property to several persons as detailed in the complaint. Therefore the complaint.

4. On the basis of this complaint, FIR was registered in Crime no.8 of 2010, on the file of District Crime Branch, Kancheepuram, for the offences under Sections 465, 466, 468, 471 and 120 B IPC. The respondent police, after investigating the allegations made in the complaint, filed a final report against the accused for the offences under Sections 468, 471, 420, 406 r/w 34 IPC. The trial Court took cognizance of the offences against the accused and issued summons. Challenging the taking cognizance of the offences against the accused, this petition is filed for quashing.

5. The petitioners in Crl.O.P.No.11086 of 2015 are the accused 55, 61, 63, 64 and 65. They are purchasers of the property in dispute. The petitioners in Crl.O.P.No.15354 of 2014 are the accused nos.2, 12, 13, 69, 17, 8 and 26. The first petitioner Narasa Reddiyar @ Venkataperumal Reddiyar is the second accused. The petitioners 2 and 3 are the accused 12 and 13 respectively. They are the daughters of Adhiyappa Reddiyar. Petitioners 3 and 4 and accused 69 and 70. They are the grandsons of Adhiyappa Reddiyar. Sixth petitioner/A8 is the son of Narasa Red