Crl.R.C.(MD).No.408 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 24.04.2023

Pronounced on : 12.05.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.R.C.(MD)No.408 of 2023

1.Seeniselvaraj

2.Lakshmana Kumar

... Petitioners/Petitioners/Appellants

Vs.

State represented by

The Inspector of Police,

Thattaparai Police Station,

Thoothukudi District.

(Crime No.112 of 2021)

... Respondent/Respondent/Complainant

PRAYER: Criminal Revision Petition has been filed under Section 397 and 401

of Criminal Procedure Code, to call for the entire records relating to the order of

the Principal Sessions Judge, Thoothukudi dated 19.01.2023 in Cr.M.P.No.7371

of 2022 in C.A.No.126 of 2022 and set aside the same.

For Petitioners

: Mr.S.Ramasamy

For Respondent : Mr.R.Sivakumar

Government Advocate (Crl. Side)

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Crl.R.C.(MD).No.408 of 2023

ORDER

This Criminal Revision is directed against the order passed in Cr.M.P.No.

7371 of 2022 in C.A.No.126 of 2022 dated 19.01.2023 on the file of the

Principal Sessions Court, Thoothukudi, in dismissing the petition filed under

Section 389(1) of the Code of Criminal Procedure.

2. The case of the prosecution is that the first petitioner/first accused is the

father of the second petitioner/second accused, that the second petitioner has

studied M.E. Computer Science and working as Assistant Professor in a private

Engineering College, that on 28.12.2020, online application was preferred by the

first petitioner through E-service centre seeking to include his name as joint

pattadar in respect of the land Survey No.53/2, Muthusamypuram Village,

Thoothukudi District in patta No.192, that the first petitioner in support of the

said application had submitted registered partition deed, death certificate of the

first petitioner's maternal uncle and death certificate of Seeniammal and also web

copy of an order of Madurai Bench of Madras High Court in W.P.(MD)No.12299

of 2020 dated 14.12.2020, wherein, it has been stated that the High Court had

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Crl.R.C.(MD).No.408 of 2023

directed L.W.4 to the inclusion of the first petitioner in the patta within four

weeks, that the name of the first petitioner had been included as joint pattadar by

proceedings dated 31.12.2020, that subsequently, the first petitioner had settled

the said property in favour of his son/second petitioner and had preferred online

application for mutation of patta in his name and subsequently, the patta was

transferred in favour of the second petitioner, that while Tahsildar and Zonal

Deputy Tahsildar had visited Madurai Bench of Madras High Court, they found

that the order alleged to have been produced by the first petitioner is fabricated

document and forged one and that on the basis of the complaint given, FIR came

to be registered in Crime No.112 of 2021 on the file of the respondent police for

the offences under Sections 120(B), 465, 466, 467, 468, 471 and 420 IPC and

Section 65 of Information Technology Act.

3. The respondent police, after completing the investigation, has filed the

final report against the petitioners and the same was taken on file in C.C.No.634

of 2022 on the file of the Special Court for Land Grabbing Cases, Thoothukudi.

4. During trial, the prosecution has examined 17 witnesses as P.W.1 to

P.W.17 and exhibited 56 documents as Ex.P.1 to Ex.P.56. The defence have

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Crl.R.C.(MD).No.408 of 2023

examined 1 witness as D.W.1 and exhibited 20 documents as Ex.D.1 to Ex.D.20.

4 documents have been exhibited as Court documents as Ex.X.1 to Ex.X.4.

5. The learned trial Judge, upon considering the evidence both oral and

documentary and on hearing the arguments of both the sides, has passed the

judgment dated 08.12.2022 convicting the petitioners for the offences under

Sections 465, 468, 471 and 120(B) IPC and sentenced them to undergo 2 years

S