S.VISALATCHI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed praying to quash the First Information Report registered in Crime No.4 of 2019 on the file of the Inspector of Police, District Crime Branch, Krishnagiri.

(2.) Heard Mr.P.M.Jayachandran, learned Counsel for the Petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the first respondent and Mrs.Manjula Charan, learned Counsel for the second respondent.

(3.) The averments found in the First Information Report is that the deceased Chinnasamy who is the father of the second respondent is having two wives. Through the first wife viz.,Chinnakannu, the second respondent herein, her sister Rani, brothers Venkatesan and Govindaraj were born. Similarly the deceased gave birth to one Sivasakthi through his second wife viz.,Chinnapappa. The family of the deceased is having an ancestral property in Paiyur Village. Before the death of the deceased, in respect to the property partition has not happened in the family of the second respondent. In the relevant point of time, the brother of the second respondent viz., Mr.Govindaraj who is now arrayed as accused in the petition mentioned First Information Report, obtained certificate from the Village Administrative officer as the property measuring 10 cents in S.No.202/9 is in his possession. After obtaining the said certificate, he sold out the said property to one Visalatchi who is the petitioner herein and Boopathy vide Document No.2147 of 2015.