VIJAYNATARAJ Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) By consent, the matter is taken up for final hearing. This petition is filed seeking for a direction to call for the records pertaining to the proceedings in Cr. No. 94 of 2009 taken on file by the Inspector of Police, City Crime Branch, Coimbatore City on 7.11.2009 on the complaint lodged by the 2nd Respondent/defacto-complainant for the alleged offences under Sections120-B and 420 IPC, and to quash the same.

(2.) For better appreciation, the factual backdrop involved is briefly outlined herein:

(3.) The learned Counsel for the Petitioners Mr. S. Vijayakumar, by pointing out that the Petitioners had sold the property after furnishing all the relevant details and by well apprising the Scheme in G.O. Ms. No. 661, Housing and Urban development Department dated 12.10.1994, whereby the Scheme to form a public road itself was abandoned in terms of Section 38 of the Tamil Nadu Town and Country Planning Act, and would submit that thus, absolutely there was never an encumbrance in respect of the property and further, the Registering Authority had also registered the sale thereby, confirming that the scheme has been rendered redundant. The learned Counsel further pointed out that the property was sold as early as during April 2007 and consequently, mutation of records was also effected and such being the position, the complaint lodged 2 1/2 years after the transaction only with a view to harass the Petitioners can never be sustained in the eye of law as there is no element of cheating or deception as contemplated under Section 420 IPC.