BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reservation 01.11.2021 Date of Judgment 15.12.2021 CORAM THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).Nos.9223 of 2021 and 12915 of 2020 and Crl.M.P.(MD).Nos.4726 of 2021 and 5884 of 2020 Crl.O.P.(MD).No.9223 of 2021 R.Rajendran ... Petitioner Vs.

1.State rep. by the Inspector of Police, Surandai Police Station, Tirunelveli District.

(Crime No.66 of 2020) ... 1^st Respondent/Complainant

2.Balu ... 2^nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.66 of 2020, dated 19.02.2020 on the file of the respondent No.1 registered under Sections 420, 465, 467, 468 and 471 of IPC and quash the same as illegal as for as the petitioner is concerned.

For Petitioner : Mr.T.Thirumurugan For 1^st Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. side)

Ramakrishnan ... Petitioner Vs.

1.State rep. by the Inspector of Police, Surandai Police Station, Tirunelveli District.

(Crime No.66 of 2020) ... 1^st Respondent/Complainant

2.Balu ... 2^nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining in Crime No.66 of 2020, on the file of the 1^st respondent police and to quash the same as illegal as for as the petitioner/Accused No.11, is concerned.

For Petitioner : Mr.J.Ashok For 1^st Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. side)

COMMON ORDER

Crl.O.P.(MD).No.12915 of 2020 has been filed by Accused No.11 in Crime No.66 of 2020 on the file of the first respondent police and Crl.O.P. (MD).No.9223 of 2021 has been filed by the 4^th respondent in the above said criminal case seeking quashment of the proceedings in respect of themselves.

2.The facts in brief:-

The second respondent, who is the defacto complainant has lodged the complaint with the following facts:-

On 10.01.2019 one Subramania Pandian @ Subbiah Pandian executed a power of attorney in favour of one Aya Nambhi. Subsequent to that, he executed a sale deed on 31.12.2019 in favour of one Sivasakthi in respect of the property situated in S.No.635/2 at Ayan Surandai Village measuring about 50 cents. That document has been registered by the petitioners with the connivance of the other accused persons. Property in S.No.635/2 is a Government land, in which neither the principal, nor the power of attorney nor the purchaser got any right. With intend to grab the property from the Government, the above said power of attorney and subsequent sale deeds have been executed. Based upon the complaint given by the second respondent, a case in Crime No.66 of 2020 has been registered for the offences punishable under Sections 420, 465, 467, 468, 471 IPC.

3.Seeking quashment of this criminal case, the petitioner in Crl.O.P.

(MD).No.9223 of 2021 has stated that he was working as 'Junior Assistant' in Sub Registrar Office, Edaikal and when the Sub Registrar on leave, he discharged the functions. Only on the basis of the Encumbrance Certificate, he registered the document. He did not involve in any criminal offence and conspiracy with the other accused persons.

4.The case of the petitioner in Crl.O.P.(MD).No.12915 of 2020 is that he is only a Document Writer and played only a limited role without any criminal intention and mens rea.

5.Heard both sides.

6.In the petitions, one is the Document Writer and another is the Government Official. The petitioner discharged his function as an in-charge Sub Registrar on the date of the alleged execution of the power of attorney and as well as the sale deed and the former only reduced the instructions into a document and nothing more.

7.In both the cases, one common ground available is that the power deed, dated 10.01.2019 alleged to have been executed by one Subramania Pandian @ Subbiah Pandian in favour of one Aya Nambhi, S/o Thiranambiyar, is dated 10.