ORDER

This criminal original petition has been filed by the petitioners to call for records pertaining to the proceedings in C.C. No. 49 of 2019 pending on the file of Judicial Magistrate Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and quash the same and pass such other further orders.

2. According to the petitioners, the second respondent has filed a complaint before the first respondent and based on the complaint, the first respondent has registered a F.I.R. in Crime No. 18 of 2014 for the offences Under section 406,420,406(1) of I.P.C. Thereafter, the first respondent filed a final report against the accused and then the Trial Court has taken cognizance in C.C. No.49 of 2019 by the Judicial Magistrate Special Court for Exclusive Trial of Land Grabbing Cases, Madurai and the same is now pending.

3.1. The Prosecution case is that the second respondent lodged a complaint dated 08.03.2014, alleging that one Balusamy Iyyer Trust was formed by the Balusamy Iyer in the year 1927 for the charity purpose. After demise of Balusamy Iyyer, the trust has been managed by the legal hiers as per the terms and conditions of the Trust Deed. At present, the one of the descendants, Mr. Jaswanth Babu is the Managing Trustee and has been managing the Trust since 1998 and now he is residing in America along with his family, the second respondent is brother-in-law of Jaswanth Babu, i.e., his wife's brother. Since, the said Jaswanth Babu is settled in U.S.A., he executed a General Power Deed in favour of the second respondent in respect of the Balusamy Iyyer Trust and its properties in order to manage the affairs of the said Trust in capacity of Power Agent. These petitioners are the relatives of the aforesaid Jaswanth Babu.

3.2. Earlier, Jaswanth Babu has engaged one Bansidhar, who is his own brother to manage the affairs of the trust but, he died in the year 2008, after his demise, Jaswanth Babu has executed a General Power Deed in favour of the first petitioner to manage the trust properties in the mean while, due to un-satisfaction of the first petitioner with respect to his management, Jaswanth Babu cancelled the General Power of Deed executed in favour of the first petitioner in the month of December 2008. Thereafter, Jaswanth Babu has executed a General Power of Deed in favour of the second respondent to manage the above said trust.

3.3. These petitioners have mis-represented that they are the Managing Trustees of the Balusamy Iyyer Trust and they in collusion with other accused 4 and 5 have entered into a sale agreement with one Karthikeyan in respect of trust properties, which are worth about Rs. 5,00,00,000/- (Rupees Five Crores only) and also received Rs.1,00,00,000/- (Rupees One Crore only) as advance from the said Karthikeyan. Thereafter, these petitioners through their men and agents have forced the cultivating tenants of the properties to vacate from the land.

3.4. In the said circumstances, the second respondent tried to approach the petitioners to ascertain the real fact but the petitioners wontedly refused to meet him, thereafter the second respondent came to know that, these petitioners have fabricated a document dated 04.03.2013, as if the petitioners 1 to 3 are the Trustees of the Balusamy Iyyer Trust and the first petitioner has been nominated as the Managing Trustee among them. Further, these petitioners are making attempts to impound the trust accounts by the fabricated documents. While taking legal steps to prevent the petitioners from the illegal activities, they have threatened the lives of the Jaswanth Babu, second respondent and their families; hence, the second respondent has lodged a complaint in the capacity of Power Agent of the Managing Trustee of the Balusamy Iyyer Trust.

4. Based on the above said complaint, the first respondent – police has filed a case in Crime No.23 of 2014 for the alleged offences under sections 468, 471, 420 r/w sections 34 and 506(i) of I.P.C. in compliance of the order pas