BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.19215 of 2024 and Crl.M.P(MD)No.11858 of 2024 C.Ramakrishnan ... Petitioner Vs

1. The State Rep By, The Inspector of Police, Surandai Police Station, Tenkasi District.

Crime No.66/2020.

2. T.R.Balu ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to call for the entire records pertaining to the case in C.C. No.263 of 2024 pending on the file of the learned Judicial Magistrate, Alangulam, Tenkasi District and quash the same as against the petitioner.

For Petitioner : Mr.Anand R.

For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed seeking to quash the proceedings in C.C.No.263 of 2024, pending on the file of the learned Judicial Magistrate, Alangulam, Tenkasi District as against the petitioner.

2.The prosecution case is that the properties in S.No.635/2 to an extent of 2.1 acre and in S.F.No.637/1 to an extent of 82 cents at Surandai Pat-I Village belong to Government and the same were allotted to the Police Department. The fourth respondent was a Jamindar and has lands in and around Surandai village. While so, the accused Nos.1 to 3, claiming that they are the legal heirs of the Jamin, colluding with the fourth accused, created encumbrance over the properties and the registering authority also without any documents registered the document. Therefore, the second respondent lodged a complaint before the first respondent and based on the same, the case in Crime No.66 of 2020 was registered for the offence under Sections 465, 467, 468, 471 and 420 of IPC. Thereafter, the first respondent conducted investigation and filed final report against all the accused and the same was taken on file by the learned Judicial Magistrate, Alangulam in C.C.No.263 of 2024. Now, the ninth accused, who is the document writer of the above said documents, filed this petition to quash the charge sheet pending against him.

3.The learned Counsel for the petitioner would submit that based on the false complaint lodged by the second respondent, the first respondent registered the case in Crime No.66 of 2020 for the offences under Sections 465, 467, 468, 471 and 420 of IPC. As per the prosecution case, the properties in S.No.365/2 to an extent of 2.1 acres and in S.F.No.637/2 to an extent of 82 cents, Surandai Village, have been allocated to the Police Department through proceedings in Na.Ka.No.A4/118365/2003 and the 'A' Register also in the name of the Police Department. While so, the fourth accused claiming that he is the legal heir of Jamin, colluding with the accused Nos. 1 to 3, conspired together and with the help of other accused, they forged the power of attorney deed and thereafter, the Village Administrative Officer has forged the Adangal document and the same was handed over to the petitioner/document writer and thereafter, the sale deed in Document No. 2935 of 2019 was registered on 31.12.2019, for which, the accused Nos.

11 and 12 stood as witnesses in the said sale deed. Therefore, the present FIR was registered. In fact the petitioner is a licensed document writer and he acted pursuant to the instructions of the executors of the document and prepared the sale deed. The petitioner, after perusing the documents produced by the parties, prepared the documents and presented for registration. Apart from that there is no any conspiracy between the petitioner and the other accused. Already the general power of attorney deed was registered in the year 2019 and thereafter, he perused the other documents and prepared the sale deed. This petitioner is not a maker of the document. Therefore, the offences charged in this case are not made out as against the petitioner. In the mean time, the fourth accused also filed a suit in O.S.No.461 of 2021 before the Principal Sub Court, Tenkasi and the same is also pending. Merely because the