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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS S.SRIMATHY, J
N. RATHNAVEL – Appellant
Versus
The Inspector of Police, District Crime Branch, Thoothukudi District. – Respondent
| Table of Content |
|---|
| 1. fir filed for trust-related fraud. (Para 1 , 2 , 3) |
| 2. historical context of the trust established. (Para 4 , 5) |
| 3. claims of fraudulent action disputed. (Para 6 , 7 , 8) |
| 4. court's consideration of criminality in trustee changes. (Para 9 , 10 , 11 , 12 , 13) |
| 5. legal procedural adherence discussed. (Para 14 , 15) |
| 6. civil matters do not become criminal by nature. (Para 16 , 17) |
| 7. court's final ruling on petition. (Para 18) |
ORDER
This petition is filed to quash the impugned FIR in Crime.No.43/2022, dated 26.10.2022 on the file of the 1st respondent for the alleged offence under sections 415, 420, 423, 465, 467, 468 and 471 of IPC .
2. The case of the prosecution is that the defacto complainant namely Vairavel and the 1st accused are trustees of “K.S.P.Natarajan Trust” as per the Settlement Deed registered in Doc.No.755 of 1956 dated 23.04.1956 and the Trust Deed registered in Doc.No.2566 of 1956 dated 14.11.1956. But suppressing the same, the Petitioner/ 1st accused has executed two rectification Deeds dated 30.04.2020 and 21.05.2020 by inserting the names of the accused Nos.2 to 5 as Trustees and the petitioners / accused Nos.6 and 7 have joined hands with them to swin
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