2022 Supreme(Online)(MAD) 9524
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 25.04.2022 DELIVERED ON : 17.06.2022 CORAM ::
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.2141 of 2018 and 3616 of 2021 and Crl.M.P.Nos.806 of 2018 and 2131 of 2021 Yuba T.Reichard ... Petitioner/Accused-3 in Crl.O.P.No.2141 of 2018 K.Thukkaiandi ... Petitioner/Accused-4 in Crl.O.P.No.3616 of 2021 Versus
1.State rep by Inspector of Police, Central Crime Branch, Chennai.
(Crime No.233 of 2012)
2.Rajaiah ... Respondents in both Crl.O.Ps. COMMON PRAYER : Criminal Original petitions filed under Section 482 Cr.P.C. praying to call for the records relating to C.C.No.1173 of 2017 pending on the file of learned Judicial Magistrate, Alandur and quash the same insofar the petitioner is concerned.
For Petitioner : Mr.N.R.Elango, Senior Counsel in both Crl.O.Ps. for Mr.S.Anbalagan &
for Mr.S.Manuraj For Respondent-1 : Mr.A.Damodaran in both Crl.O.Ps. Additional Public Prosecutor For Respondent-2 : Mr.K.Kannan in both Crl.O.Ps.
COMMON ORDER
These Criminal Original Petitions are filed to quash the proceedings in C.C.No.1173 of 2017 on the file of the learned Judicial Magistrate, Alandur.
2. The complaint is that L.W.1-Rajaiah, lodged a complaint stating that on 08.09.2008, he entered into an agreement for sale with S.Ravi/L.W.3 in respect of the vacant building site to an extent of 12,000 sq.feet situated at New No.51, Old No.189, Sholinganallur Village, Tambaram Taluk, Kancheepuram District in Survey Nos.12/1 and 12/2 (Plot No.297) and the agreement for sale was registered before Sub Registrar Office, Neelankarai in Doc.No.3679/2008 on 08.09.2008. The sale price was fixed at Rs.30 lakhs, on the date of agreement Rs.5 lakhs was paid as advance. The said Ravi claimed himself as Power of Agent of Chandresh M. Kambani (L.W.2) S/o.Late Mahendrakumar Naveenchandra Kambani and Malini Mahendrakumar Naveenchandra Kambani. L.W.2 executed a general power of attorney in favour of L.W.3/Ravi registered as Doc.No.1314/2007 on 09.07.2007 in the office of Joint Sub Registrar Office, Mumbai-1. L.W.2's parents purchased the property through one Ganesan, Power Agent of Chokalingam Mudaliar in the year 1967 vide Doc.No.881/1967. Thereafter, L.W.2's mother expired on 07.02.1980 and his father expired on 26.08.1997. L.W.2 authorised L.W.3 to deal with the above said land. After agreement of sale, the de-facto complainant applied for Encumbrance Certificate in Sub Registrar Office, Neelankarai and came to know that the said property, changed hands to three persons, as though Mahendrakumar Naveenchandra Kambani executed general power of attorney in favour of Dhanalakshmi (A2) on 12.04.2007 in Doc.No.210/2007 before Joint Sub Registrar Office, Trichy. Using the said power of attorney, Dhanalakshmi executed a sale deed in favour of Subbulakshmi(A1) vide Doc.No.3052/2007 on 17.05.2007 in Sub Registrar Office, Neelankarai, in turn, Subbulakshmi executed a settlement deed in favour of her elder daughter, Yuba T.Raichard(A3) in Doc.No.1665/2008 on 22.02.2008 in Sub Registrar Office, Neelankarai. It was further found that Subbulakshmi, in the same manner, executed a sale deed in favour of his another daughter T.Yamini for Plot No.277 and started putting up construction in Plot Nos.297 & 277 all over the 10 grounds. L.W.3/Ravi, who is the power of agent for Plot No.297, fearing for the consequences at the hands of Subbulakshmi (A1) and Yuba T.Raichard(A3), who are wife and daughter of K.Thukkaiandi (A4), an I.P.S. Officer holding senior position in the police department, lodged a complaint. The first respondent police on registration of F.I.R., took up investigation. During investigation, it was found that the first accused is the wife of K.Thukkaiandi (A4), second accused impersonated herself as Tamilarasi, who is none other than A1’s brother’s mother-in-law. A3 is the daughter of A1 and A4. Husband of A1 is a Senior Police Official. The property in Sholinganallur was sold by one Ganesan, power of agent of Chokalingam Mudaliar on 25.02.1967 to the parents of L.W.2, in short Kambani of Mumbai in Doc.No.881/1967. The parents of L.W.2 passed away during 1980 and 1997. Thereafter, the property devolved on L.W.2. On 09.07.2007, L.W.3 approached L.W.2 along with L.W.6/Thangavel, L.W.7/Annadurai and one Philip. L.W.6 is the relative of L.W.3. Thereafter a power of attorney was executed by L.W.2 in favour of L.W.3 in Doc.No.1314/2007 in the office of Joint Sub Registrar Office, Mumbai-1. One of the condition is that as per clause 11, the sale to be concluded within one year. Thereafter, all came back from Mumbai. L.W.3 was acting on the advise of L.W.7. Thereafter, L.W.4 was approached, who is a real estate broker, who identified L.W.1, who intend to purchase the property. Thereafter, L.W.1 paid an advance of Rs.5 lakhs and agreement for sale was registered on 08.09.2008 in Doc.No.3679/2008 in Sub Registrar Office, Neelankarai. When L.W.1/de-facto complainant visited the property, he saw