Advocates:
['M/S G M ANANTHAKUMAR', '', 'K A MARIAPPAN', 'TYPED SET OF PAPERS FILED', 'PUBLIC PROSECUTOR']

CRL.R.C.No.798 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.798 of 2018

and Crl.M.P.Nos.9073 to 9075 of 2018

1. T.Rajareddy @ Gullareddy

2. Rathinamma

... Petitioners

Vs.

1. The State rep. by

The Sub Inspector of Police,

Mathirgiri Police Station,

Hosur Taluka,

Krishnagiri District.

2. Srinivasa Reddy

(R2 impleaded as per the

order dated 21.11.2022

in Crl.M.P.No.17430 of 2022

in Crl.R.C.No.798 of 2018)

... Respondents

PRAYER: Criminal Revision case has been filed under Section 397 r/w

401 of Cr.P.C to call for the records relating to the order in C.A.No.45 of

2010 dated 03.04.2018 by the learned Additional District Judge, Hosur,

Krishnagiri District, confirming the order in C.C.No.43 of 2008 by the

Page 1 of 18

https://www.mhc.tn.gov.in/judis

CRL.R.C.No.798 of 2018

learned Judicial Magistrate No.2, Hosur, dated 06.08.2010, convicting

the first petitioner under Sections 465 & 468 of IPC to undergo rigorous

imprisonment for a period of two years for each offence and a fine of

Rs.2,000/- for each offence, in default three months simple

imprisonment. The second petitioner is found guilty under Sections 465,

468 r/w 109 of IPC and convicted to undergo rigorous imprisonment for

a period of two years for each offence and fine of Rs.2,000/- for each

offence, in default three months simple imprisonment and the sentences

shall run concurrently and set aside the same by allowing the above

Criminal Revision Petition.

For Petitioners

: Mr.B.Kumar, Senior Counsel

For Mr.G.M.Ananthakumar

For Respondents

For R1

: Mr.A.Gopinath

Government Advocte (Crl. Side)

For R2

: Mr.A.Nagarajan

For Mr.K.R.Ramesh Kumar

ORDER

This Criminal Revision is directed as against the judgment

passed in C.A.No.45 of 2010 dated 03.04.2018 on the file of the learned

Additional District Judge, Hosur, Krishnagiri District, confirming the

conviction and sentence imposed in C.C.No.43 of 2008 dated 06.08.2010

Page 2 of 18

https://www.mhc.tn.gov.in/judis

CRL.R.C.No.798 of 2018

on the file of the learned Judicial Magistrate No.2, Hosur, thereby

convicting the petitioners for the offences under Sections 465 & 468 r/w

109 of IPC.

2.

The case of the prosecution is that the defacto complainant

and the petitioners/accused are residing in the same village. The defacto

complainant owned ancestral properties to an extent of 15.53 acres at

Mookandapalli Village comprised in Survey Nos.604/3, 604/1, 604/2,

604/6, 605/7, 762/3-A, 650, 651, 652, 660/1, 660/3 and the defacto

complainant is in possession and enjoyment of the property. One

Munireddy is also owned property to an extent of 35 acres in survey Nos.

525, 647, 648, 649, 643, 544,759 and 461, situated at Kothur,

Mookandapalli and he is in possession and enjoyment of the said

property.

3.

While being so, the petitioners/accused along with two other

unknown persons entered into criminal conspiracy to do certain illegal

activities by illegal means by creating forged document of gift deed

Page 3 of 18

https://www.mhc.tn.gov.in/judis

CRL.R.C.No.798 of 2018

pertaining to the above property totaling to an extent of 50 acres of land

situated at Mookandapalli village. The first accused without having any

right over the said property fraudulently and dishonestly executed

settlement deed in favour of his wife the second accused. The second

accused also effectively assisted and abetted the first accused to execute

the said settlement deed in her favour and two other unknown persons

were witnessed the said illegal document as if the first accused is the

owner of the said property. Hence the complaint.

4.

On receipt of the same, the respondent registered the FIR in

Crime No.129 of 2007 for the offence under Sections 465, 467, 468, 471

and 420 of IPC. After completion of investigation, the first respondent

filed final