Crl.O.P.(MD)No.14128 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 07.01.2022

PRONOUNCED ON: 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.O.P.(MD)No.14128 of 2018

and

Crl.M.P.(MD)No.6326 of 2018

R.R.Govindarajan

: Petitioner/1^st Accused

Vs.

1. The Inspector of Police,

District Crime Branch,

Thanjavur.

(Ref.Crime No.17/2002)

: Respondent/Complainant

2.R.R.Natarajan

(R.2 was impleaded as per

order of this Court dated 12.11.2018): Respondent

PRAYER : Criminal Original Petition has been filed under Section 482

Cr.P.C, to call for records pertaining the order passed in

C.C.No.451 of 2003, dated 23.07.2018 by the learned Judicial

Magistrate No.I, Thanjavur and set aside the same.

For Petitioner

: Mr.Ajmal Khan

Senior Counsel

for Mr.D.Shanmugaraja Sethupathi

For Respondents

: Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

for R.1

: Mrs.Prabha for

Mr.M.Karunanithi

for R.2

ORDER

This Criminal Original Petition is directed against the order

passed on 23.07.2018 in C.C.No.451 of 2003 by the learned Judicial

Magistrate No.I, Thanjavur, directing denovo trial.

2. The petitioner is the first accused in C.C.No.451 of 2003,

on the file of the Judicial Magistrate Court No.I, Thanjavur. On the

basis of the complaint lodged by the second respondent, F.I.R. came

to be registered in Cr.No.17 of 2002, against three persons

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Crl.O.P.(MD)No.14128 of 2018

including the petitioner herein for the alleged offences under

Sections 419, 465, 468, 471 and 420 I.P.C. The first respondent,

after completing the investigation, has laid a final report under

Section 173 Cr.P.C., against 6 persons arraying the petitioner as

first accused for the offences under Sections 406, 465, 468, 471,

419, 420 r/w 34 I.P.C., and the case was taken on file in C.C.No.451

of 2003, on the file of the Judicial Magistrate Court No.I,

Thanjavur. It is not in dispute that the petitioner herein has

filed a petition under Section 239 Cr.P.C., in Crl.M.P.No.5018 of

2004, seeking discharge and the learned Judicial Magistrate, after

enquiry, has passed an order dated 28.06.2005, dismissing the said

petition, that the petitioner aggrieved by the said order of

dismissal, has filed a criminal revision in Crl.R.P.No.22 of 2005,

that the learned Principal Sessions Judge, Thanjavur, after hearing

both sides, has passed an order dismissing the said revision, that

the petitioner has then approached this Court, by filing a petition

in Crl.O.P.No.9779 of 2005 challenging the dismissal of the Criminal

Revision and that this Court, vide order dated 01.09.2009, has

disposed of the petition directing the learned Judicial Magistrate

to decide the criminal case on the available materials in accordance

with law.

3. Admittedly, the second respondent/defacto complainant is the

brother of the petitioner herein. The case of the prosecution is

that one Ramasamy – father of the petitioner, was running a rice

mill in the name and style of M/s Sri Ramavilas Rice Mill, which was

his self acquired property, that the said Ramasamy had died on

17.07.2002 leaving behind his wife, sons and daughters including the

petitioner as his legal heirs, without executing any Will or making

any encumbrance in respect of the rice mill, that while-so the

petitioner had created a Will purported to be executed by his father

Ramasamy, that the accused 2 and 3 had identified the fourth accused

as if he is the executant Ramasamy, that the petitioner and other

accused had created a false and fabricated document to be used as

genuine with an intention to grab the property and that therefore,

the petitioner/accused had committed the offences of cheating and

forgery.

4. It is not in dispute that the learned Magistrate has

commenced the trial by examining the first witness P.W.1 on

13.11.2014 and that durin