IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 17.08.2022 Orders Pronounced on : 26.08.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Cr.R.C.Nos.705 and 541 of 2019 Crl.R.C.No.705 of 2019:

E.Saravanan ... Petitioner Versus State rep. by The Deputy Superintendent of Police, CBCID, Metro Wing, Chennai - 600 016. ... Respondent Crl.R.C.No.541 of 2019:

A.Pappathiammal ... Petitioner Versus Deputy Superintendent of Police, Crime Investigation Department, CBCID, Metro Wing, Chennai - 600 016. ... Respondent Prayer in Crl.R.C.No.705 of 2019: Criminal Revision Case filed under Section 397 r/w 401 of The Code of Criminal Procedure, 1973, to call for the entire records with related to the order passed by the V Additional Sessions Judge Court, Chennai made in Criminal Appeal No.165 of 2015, dated 20.03.2019 whereby confirming the judgment of conviction passed against the petitioner by the Trial Court namely XI Metropolitan Magistrate Court, Saidapet, Chennai made in C.C.No.1918 of 2014 and set aside the same.

Prayer in Crl.R.C.No.541 of 2019: Criminal Revision Case filed under Section 397 and 401 of The Code of Criminal Procedure, 1973, to set aside the order passed by the learned V Additional Sessions Judge, Chennai in C.A.No.166 of 2015 dated 20.03.2019 confirming the judgment of the learned XI Metropolitan Magisterial, Saidapet, Chennai in C.C.No.1918 of 2014 dated 23.07.2015 sentencing to undergo 2 years S.I and fine of Rs.500/- i/d 6 months S.I for the offence u/s 465 r/w 114 of IPC, 3 years R.I and fine of Rs.500/- i/d 6 months S.I for the offence u/s 471 r/w 468 of IPC, 3 years R.I and fine of Rs.500/- i/d 6 months S.I for the offence u/s 420 IPC, 3 years S.I for the offence u/s 419 IPC, 2 years S.I for the offence u/s 465 IPC, 3 years R.I and fine of Rs.500/- i/d 6 months S.I offence u/s 467 IPC, 3 years R.I and fine of Rs.500/- i/d 6 months S.I u/s 468 IPC.

For Petitioner : Mr.S.Sasikumar (in Crl.R.C.No.705 of 2019)

For Petitioner : Mr.P.Vijendran (in Crl.R.C.No.541 of 2019)

For Respondent : Mr.S.Vinoth Kumar (in both the Crl.R.Cs) Government Advocate (Crl.

Side)

COMMON ORDER

The charge against the revision petitioners is as follows:-

The first accused was a practicing advocate. In the year 2008-2010, he became a tenant under one Lalitha @ Lalitha Yogeswari in Door No.20/21, Khan Sahib Street, Choolaimedu, Chennai. While so, the first accused moved very closely with the said Lalitha @ Lalitha Yogeswari, who did not have any children and as a matter of fact, she went to the extent of writing a Will in favour of the first accused/tenant, but, however, canceled the same subsequently as she patched up her relationship with her brother, P.W.1. Under the said circumstances, she went missing from 05.09.2010, when she informed her sister and her relatives that she was going to Hyderabad, but, however, never returned thereafter. A case in Crime No.2184 of 2010, woman missing complaint, was also registered at the instance of P.W.1 and was pending investigation. Pending the same, on 30.08.2013, the first accused had set up the second accused to impersonate herself as Lalitha @ Lalitha Yogeswari and the third and fourth accused, having agreed to stand as attesting witnesses, have all forged a Power of Attorney in respect of the above said property in favour of the first accused, Saravanan. The first accused, Saravanan, thereafter, informed all the brokers in the area that he is going to sell the property and one of them informed P.W.1, the brother of the said Lalitha @ Lalitha Yogeswari, who was shocked as the said Lalitha @ Lalitha Yogeswari went missing from the year 2010 onwards and therefore, lodged a complaint.

2. Upon the said complaint, a case was registered in Crime No.5 of

2013 and P.W.14 completed the investigation and laid a charge-sheet proposing all the four accused guilty for the offences under Sections 419, 420, 465, 467, 468, 471 read with 114 and 34 of the Indian Penal Code.

3. At this juncture, it is perti