Crl.O.P.No.24039 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA

Crl.O.P.No.24039 of 2021 and

Crl.M.P.No.13265 of 2021

S.Dhansekharen

...Petitioner

Vs.

1. The state Rep by

the Inspector of Police,

CCB-II, Chennai (Team-25)

Central Crime Branch,

No.132, Commissioner Office Building,

EVK Sampath Road, Vepery,

Chennai 600 007.

2. Kumarasamy

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal

Procedure Code, to call for the entire records pertaining to the case pending

investigation in Crime No.117 of 2021 dated 19.11.2021 on the file of the

1^st respondent Police and quash the same.

For Petitioner

: Mr..B.Arvind Srevatsa

For 1^st Respondent : Mr.A.Damodaran,

Additional Public Prosecutor

For 2^nd Respondent : Mr.Avinash Wadhuwani

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Crl.O.P.No.24039 of 2021

O R D E R

This Criminal Original Petition is filed to quash the entire records

pertaining to the case pending investigation in Crime No.117 of 2021 dated

19.11.2021 on the file of the 1^st respondent Police and quash the same.

2. Heard the learned counsel for the petitioner, the learned Additional

Public Prosecutor appearing for the 1^st respondent and the learned counsel

for the 2^nd respondent.

3. The petitioner is the 1^st accused in a case registered based on the

complaint given by the 2^nd respondent/ defacto complainant in his capacity

as a Power Agent one Pavithra has alleged that the petitioner along with

other accused have created documents to defeat title over the property

situated in Survey No.413 measuring 2.51 Acres out of 2.77 Acres at

Kundrathur Village, Sriperumbudur Taluk, Kancheepuram District.

4. The learned counsel for the petitioner submitted that the suit

property originally belonged to one NT.Radhakrishnan and he was also

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Crl.O.P.No.24039 of 2021

granted patta by the Tahsildar, Sriperumbudur. The said Radhakrishnan

was in enjoyment of the same during his life time and he died on

02.10.1990, leaving behind his wife Girijabai, three sons and six daughters

and the said Girijabai also died on 22.04.2004. In a family partition, the

subject property was allotted to the eldest son viz., N.R.Ramakoti @

N.R.Ramanthan and the said Ramanathan executed a settlement deed in

favour of one Chintamani on 11.03.2005 by virtue of the registered

settlement deed 11.03.2005. The said Chintamani executed a general power

of attorny in favour of one S.Madhavan, who is the power agent of

Chintamani, and he had sold the property to one Govindaraji on 30.03.2005

by virtue of the registered Sale deed. However, in the said sale deed entire

extent of 2.77 Acres were subjected to conveyance. The said Govindaraji

had also executed a power of Attorney in favour of the petitioner and other

accused on 24.01.2013 by virtue of the registered power document in

respect of 1.26 acre on the eastern part out of 2.77 acres. He also executed

another power of attorney in favour of one Sasirekha in respect of some

other extent. As the power agent of Govindaraji, the petitioner has executed

the sale deed in favour of one K.Sambanda Chettiar on 01.09.2015 in

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Crl.O.P.No.24039 of 2021

respect of 1.26 Acres, 0.63 cents and 0.62 Cents making together 2.51 acres.

5. In this regard, a civil suit has been filed in O.S.No.11326 of 2010

by one Ranganayaki and others against N.R.Ramakoti and others who are

the petitioner's predecessor in title. Subsequently, the parties have entered

into a compromise and a compromise decree was passed on 04.12.2012.

The complainant who has given the complaint is the power agent viz.,

Pavithra and the said Pavithra had also filed a suit in respect the said subject

matter in O.S.No.513 of 2015 and subsequently, she had withdrawn t