R. VADIVELSAMY Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records relating to the Crime No.460 of 2015 on the file of the 1 strespondent herein and quash the same.

(2.) The 2 nd respondent has filed a petition before the learned Judicial Magistrate No.II, Udumelpet, under Section 156(3) Cr.P.C., which was forwarded to the 1 st respondent to conduct investigation. After enquiry, a case in Crime No.460 of 2015 came to be registered against the petitioners, for offence under Sections 420 and 423 IPC.

(3.) The case is that the husband of the 2 nd respondent Venkatachalam passed away on 22.07.2013, prior to that, the petitioners as well, the 2 nd respondent and others were living as joint family. The husband of the 2 nd respondent during his life time, had not partitioned his property and left any will. Taking advantage of the same, the petitioners forged the signature of the 2 nd respondent's husband and created documents and took away the property. On 05.02.1994, the 2 nd respondent purchased property in document No.4078/1994, in which, her husband name is spelt as C.Venkitachalam and signed as C.Venkatachalam. The thumb impression found in the document seems to be in variance with the document No.4357 of 2012, dated 19.06.2012. In this document photographs of Venkatachalam is affixed as well his finger print is also found. This document is the original document. Hence, the petitioners created forged document in No.4078/1994, using the same, cheated the 2 nd respondent.