COMMON ORDER

These Criminal Original Petitions have been filed to call for the records pertaining to the case pending investigation in Crime No.314 of 2022 dated 17.06.2022 on the file of the respondent police Gobichettipalayam Police Station, Erode and quash the same as against the petitioners.

2.The case of the prosecution is that the defacto complainant had sold the property in the year 2016 to A1/Sadayappan, thereafter it appears that A1 has developed the property as a flat and sold the property to various persons. Further, the petitioners have cheated the defacto complaiant and his sister. Hence, the second respondent has given a complaint against the petitioners in Crime No.314 of 2022 for the offence punishable under Sections 294(b), 420, 120(b), 506(ii) of IPC & 4 of TN Prohibition of Charging Exorbitant Interest Act.

3. The learned counsel for the petitioners in Crl.O.P.No.30285 of

2022 submitted that the petitioners are the purchaser of the property from the defacto complainant's sister . Therefore, the petitioners are absolute owner of the property and subsequently, they devleoped the property and sold it to various persons. He further submitted that the petitioners are innocent persons and they are falsely implicated in this case. He further submitted that after selling the property, the complaint given by the defacto complainant is false. He further submitted that there is no intention to cheate the defacto complainant. Hence, he prayed to quash the proceedings against the petitioners.

4. The learned counsel for the petitioner in Crl.O.P.No.30288 of

2022 submitted that the petitioner is purchased the property from the defacto complainant , thereafter, the petitioner is absolute owner of the property. He further submitted that the defacto complainnat has given a complaint before the 1st respondent police only to harass the petitioner.

Hence, he prayed to quash the proceedings against this petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the

1st respondent police in both cases submitted that the petitioners have intention to cheat the defacto complainant. He further submitted that the case is still pending and investigation is very much essential. Hence, he has raised objection to quash the proceedings against the petitioners.

6. The learned counsel for the second respondent in both cases submitted that there was a loan transaction between A1 and the defacto complainant. He further submitted that the petitioners had intention to grab the property belongs to the defacto complainant. Hence, he prayed for dismissal of these petitions.

7. Considering the facts and circumstances of the case and also the fact that the property is more than value and the investigaation is at inital stage. Hence, this Court is not inclined to quash the proceedings in Crime No.314 of 2022 on the file of the 1st respondent police.

T.V.THAMILSELVI, J., msrm

8. In the result, these Criminal Original Petitions are dismissed.

Consequently, connected miscellaneous petitions are closed. No costs.

10.01.2024 Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm To

1.The Inspector of Police, Gobichettipalayam Police Station, Erode District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.Nos.30285 & 30288 of 2022 and Crl.M.P.Nos.18557 & 18558 of 2022 and Crl.M.P.Nos.2834 &2835 of 2022