BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER RESERVED ON : 11.03.2026 ORDER PRONOUNCED ON : 01.04.2026 CORAM THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl.OP(MD).No. 5503 of 2025 and Crl.MP(MD).Nos.3984 & 3985 of 2025

1.M/s.Raja Mannar 2.Shanmuganathan

3.Mrs.Sivakumari

4.Madhu Bala 5.Sivanandan

6.Jeyanthi ....Petitioners Vs

1.State of Tamil Nadu Rep.by the Inspector of Police Bodinayakkanur Town Police Station Theni District Crime No.100 of 2023

2.Maliga ....Respondents Prayer:The Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records relating to the impugned charge sheet in C.C.No.

219 of 2024 on the file of the Judicial Magistrate Court, Bodinayakanur, Theni District and quash the same as against the petitioners.

For Petitioners : Mr.S.Saravana Kumar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) for R1 :Mr.M.Jerin Mathew for R2

O R D E R

The present petition has been filed by the Accused Nos.1 to 6 in C.C.No.219 of 2024 on the file of the Judicial Magistrate Court, Bodinayakanur, Theni District seeking to quash the charge sheet wherein the petitioners are charged with the offences under Sections, 465, 466, 468, 471, 474 and 420 of I.P.C.

(A).Sum and Substance of the charge sheet is as follows:

2.The properties in dispute are the properties of one Mallaiyan Chettiar who had purchased the same on 14.11.1950. He had died intestate and it had devolved upon his son Sivasubramaniam who is married to one Saraswathy. The said Sivasubramaniam had passed away on 27.12.1991 intestate and his wife Saraswathy had passed away on 30.03.1994. Both of them had left behind seven legal heirs, four sons and three daughters namely Surulivelchamy, Karthikeyan, Sreenivasan, Thavamani and Vijaya, Parashakshi and Malliga as daughters.

3.As per allegation in the charge sheet, the four sons, suppressing the existence of three daughters, have obtained a legal heir certificate on 13.03.1995 as if four sons alone are the only legal heirs of the deceased Sivasubramaniam. Later, they have entered into a partition deed on 16.12.1994 and another deed on 25.05.1995. The sons of Surulivelchamy had entered into a partition deed on 13.04.2014. Several sale deeds have been executed in the year 1995, 1998 and 1999 by the legal heirs of Surulivelchamy, Karthikeyan, Sreenivasan and Thavamani in favour of third parties. This has been done only with a clear intention to cheat the female legal heirs of Sivasubramaniam.

4.It is further alleged in the charge sheet that based upon the complaint lodged by the defacto complainant (Malliga), the legal heirs certificate dated 13.03.1995 was cancelled and a fresh legal heir certificate was issued on 12.10.2022 including the daughters. It is specifically alleged that in the charge sheet that on 13.03.1995, the legal heir certificate has been issued without conducting proper enquiry. Based on these allegations, the defacto complainant has lodged a police complaint and an F.I.R came to be registered on 07.04.2023 in Crime No.100 of 2023 on the file of the Bodiyanaickanur Town Police Station, Theni and the charge sheet was laid on 11.09.2024 for the offences under Sections 465, 466, 468, 471, 474 and 420 of I.P.C.

Seeking to quash the said charge sheet, the present petition has been filed.

(B).Contentions of the learned counsels appearing on either side are as follows:

5.According to the learned counsel appearing for the petitioners, there is no allegation whatsoever that the legal heir certificate dated 13.03.1995 is a forged document. It is only alleged that without conducting proper enquiry, such a document has been issued. In fact, the document has been issued in favour of four legal heirs namely Surulivelchamy, Karthikeyan, Sreenivasan and Thavamani who are not alive as on today. Based upon the said legal heir certificate, the legal heirs of these four sons have entered into a partition deed and alienated the properties. When there is no forgery for the legal heir certificate, t