IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
PERIYASAMY – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
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CRL MP No. 5814 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-03-2026
CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL.O.P.No.12322 of 2023 and
CRL.M.P.No.7550 of 2023
Periyasamy, S/o. Maruthamuthu,
No.10/78, Ashwanth Aishwaryam, Venkatesha Nagar,
1st Cross Street, Virugambakkam,
Chennai. 92. ..Petitioner(s)
Vs
1. The Inspector of Police, CCB -1,
Chennai District.
Crime No.15/2018.
2. S.Chidambaram (died) Saravanan Chidambaram,
S/o. Late.Chidambaram, No. 63, Astalakshmi Nagar, 1st Street,
Alapakkam, Valsarwakkam,
Chennai 600 116.
..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records of the case in Crime
No.15/2018 on the file of the CCB - 1, Chennai District and quash the same.
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For Petitioner(s): Mr.N.Srinivasan for Mr.R.Sudhakar
For Respondent(s): Mr.A.Gopinath, Government Advocate (Crl.Side)
for R2
Mr.SP.Chockalingam for R2 Order
This Criminal Original Petition has been filed to quash the proceedings
against the petitioner in Crime No.15/2018 on the file of the CCB - 1, Chennai District, for the offences punishable under Sections 419, 465, 467, 468, 471
read with Section 120-B of IPC.
2.The case of the prosecution is that one Chidambaram lodged a
complaint before the 1st respondent stating that his father, namely, Chockalingam purchased the property measuring an extent of 3352 sq.ft situate at Kamakoti Nagar, Pallikaranai, during the year of 1975. Further, his father passed away on 25.01.1995. Thereafter, the petitioner along with his brother and sister obtained Death Certificate and Legalheirship Certificate. Since, then the defacto complainant is in possession and enjoyment of the subject property. While that being so, the petitioner herein connivance with others registered Power of Attorney in his name by impersonator and the Sub-Registrar also registered and release the document without verifying the genuineness. Further,
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##PAGE3##CRL MP No. 5814 of 2026
the petitioner executed Sale Deed to one Madhavi with an ill intention to grab the subject property. Based on the above complaint, a case in Crime No.15/2018 Under Sections 419, 465, 467, 468, 471 read with Section 120-B of IPC registered by the 1st respondent. Whereas, the petitioner is shown as A1, one Chockalingam (Impersonator) is ranked as A2, A3 is the Sub-Registrar of Saidapet, A4 and A5 are witness to the subject document and A6 is the
purchaser of the property.
3.The learned Counsel appearing for the petitioner would submit that the
petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.15/2018 for the offences punishable under Sections 419, 465, 467, 468, 471 read with Section 120-B of IPC of IPC, as
against the petitioner. Hence he prayed to quash the same.
4.The learned Government Advocate (Crl.Side) would submit that the
investigation is almost completed and the respondent police have only to file
final report.
5.Heard the learned Counsel appearing on either side and perused the
materials placed on record.
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##PAGE4##CRL MP No. 5814 of 2026
6.It is seen from the First Information Report that there are specific
allegations as against the petitioner to attract the offence, which has to be investigated in depth. Further, the FIR is not an encyclopedia and it need not contain all facts and it cannot be quashed in the threshold. This Court finds that the FIR discloses prima facie commission of cognizable offence and as such, this Court cannot interfere with the investigation. The investigating machinery has to step in to investigate, grab and unearth the crime in accor
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