M.MANI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Petition has been filed to quash the proceedings in C.C.No.34 of 2013 on the file of the learned Chief Judicial Magistrate, Tirupur, thereby taken cognizance for the offences under Sections 468, 419, 420 r/w 120 of IPC, as against the petitioner.

(2.) The petitioner is the fourth accused in the above case. The case of the prosecution is that 1st accused is the son of the 2nd accused. Accused Nos.1 to 4 are the residents of Tirupur and 5th accused was the resident of Palladam. Accused Nos.3 to 5 were associates of Accused Nos.1 and 2. The complainant Sivakumar was the brother of Accused Nos.1 and 2 and the second accused had previous enmity against the complainant qua partition of their ancestral property.

(3.) It is further alleged that prior to 10.10.1994, the accused committed criminal conspiracy by agreeing to do certain acts of offences of forgery using the forged documents as genuine with intent to fraudulently gain the landed property of an extent of 1344 sq. feet of house site comprised in T.S.No.111/5/3 of Tirupur Village. In this regard, a case in Crime No.418 of 2001 was registered by the respondent police against the accused persons and the respondent police filed charge sheet before the learned Judicial Magistrate No.II, Tirupur and the same has been taken cognizance in C.C.No.84 of 2004 for the offences punishable under Section 468, 419, 420 r/w 120 of IPC. Thereafter on administration reasons, the case was transferred and now pending trial in C.C.No.34 of 2013 on the file of the learned Chief Judicial Magistrate, Tirupur. Hence, the petitioner had filed the petition seeking to quash the criminal proceedings in C.C.No.34 of 2013.