The main legal point established in the judgment is the court's reliance on the presence of sufficient evidence to establish potential criminal intent, leading to the continuation of the trial.

JUDGMENT

(Prayer: Criminal Original Petitions filed under Section 482 of the Criminal Procedure Code, praying to call for the records in FR.No.31 of 2017 in C.C.No.46 of 2020 dated 25.05.2017 on the file of the learned Judicial Magistrate No.II, Pollachi and quash the same as illegal, incompetent and without jurisdiction.)

Common Order:

These Criminal Original Petitions have been preferred to call for the records pertaining to C.C.No.46 of 2020 dated 25.05.2017 on the file of the learned Judicial Magistrate No.II, Pollachi and quash the same.

2. Heard the learned counsels for the petitioners; learned Government Advocate (Crl. Side) for the first respondent; learned counsel for the second respondent and perused the materials available on record.

3. The petitioners are the accused 1 to 3 and each one of the accused has filed a separate petition to quash the proceedings. The case of the prosecution is that the properties comprising to an extent of 96 acres 33 cents originally belonged to the second respondent’s ancestor by name Subbulakshmi Ammal; the said Subbulakshmi Ammal was the paternal aunt of the second respondent’s father; since her husband died long back she was staying with the second respondent’s family and the second respondent’s father Ayyasamy was maintaining the said Subbulakshmi Ammal and after having sold a portion of the property, she had 47 acres and 97 cents in Survey Nos.1/1 and 1/2 along with 4 acres 47 cents in Survey No.15 of A.Sangampalayam Village.

3.1. During the life time of Subbulakshmi Ammal, she had executed a registered Will dated 17.12.1995 in respect of the above properties and bequeathed the same in favour of the second respondent, his mother Jayalakshmi and his aunt Thilagavathy; Subbulakshmi died on 08.03.1996; as the second respondent and his family members were not able to maintain the properties, they had appointed the first accused as their power agent through a registered Power of Attorney dated 26.08.1996.

3.2. The first accused had sold a portion of the property by dividing it into house plots and the sale proceeds were not handed over to the second respondent and his family members; he also entered into a sale agreement with one Vadivel Gounder on 22.11.2007 in respect of 21 acres of land after obtaining Rs.1,52,09,600/- from him; the second respondent came to know about the said fact from Vadivel Gounder and thereafter, the second respondent asked the first accused about the transactions and to hand over the sale amount; but the first accused with an intention to cheat the second respondent and other owners of the property gave evasive answers; hence on 03.12.2007, the power granted in favour of the first accused was cancelled and the same was informed to him; in the meanwhile, the Hindu Religious and Charitable Endowments Department claimed the subject property as the property belongs to Subramania Swamy Temple, Pollachi; the second respondent contested the suit up to the Hon’ble Supreme Court and got a decree in his favour on 18.07.2016.

3.3. Thereafter, the first accused caused notice through an advocate by name M.Venkatesh on 28.02.2017 that he had entered into a sale agreement in respect of the said property in favour of one Vanjiyappa Gounder (A-3) and a sale deed has been executed in his favour; yet another notice was sent by another advocate in respect of the sale agreement dated 23.05.2006 which is said to have been entered in favour of Sundarraj (A-2).

3.4. On enquiry, the second respondent came to know that those sale agreements have been created just for the purpose of grabbing the said properties; in this regard, the second respondent has given a complaint and on the basis of which, a case has been registered on 14.03.2017 in F.I.R. No.7 of 2017 on the file of the District Crime Branch, Coimbatore for the offences under Sections 409 and 420 IPC.

4. The learned counsel for the petitio