K. SRINIVASA Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to call for the entire records in Crime No.1 of 2016, on the file of the first respondent police herein. Viz. The Inspector police, PCR Cell, Puducherry and Quash the same.

(2.) The case of the prosecution is that one Sridharan S/o. Varadarajan claiming to be the owner of the immovable property situated at Thambu Naicker Street, Puducherry, comprised in TS No. 231 and Re- Survey No. 239 Part appointed the 2nd respondent herein namely T. Kalaimaran as his lawful power agent, by way of General of Power of Attorney dtd. 4/11/2015, registered as Document No.3033 of 2015, on the file of the SRO, Puducherry. Based on the said Power of Attorney, on 17/12/2015 at about 10.30 am, while the 2nd respondent herein accompanied by the Revenue surveyor to measure the aforesaid property, the petitioner threatened the 2nd respondent to face dire consequence and insulted him by using his caste name. On receipt of the complaint made by the complainant/2nd respondent herein , the 1st respondent police have registered the case in Crime No.1 of 2016 for the offence under Sec. 506(i) of IPC r/w Sec. 7(i) (d) of PCR Act 1955. Hence, the petitioner has filed the present Criminal Original Petition before this Court by invoking its jurisdiction under Sec. 482 Cr.P.C.

(3.) The learned counsel for the petitioner would submit that the aforesaid property was owned and possessed by the paternal Grand Father namely Mr. Seenivasa Udayar, of the petitioner and he had put up a building and was running rice mill originally in the name and style of "Thangam Rice Mill" and he was in absolute possession and enjoyment of the said property. After his demise, the grand mother namely Mrs. Kalaiammal, of the petitioner, their children Selvanathan@ Audiappatham and Mr.Kuber@Krishnappan who is the petitioner's father entered into a Partition Deed on 31/3/1999 and the same was registered as Document No.2480 of 1999, on the file of Sub Registrar Office Pondicherry, in which the portion of the aforesaid property was allotted to petitioner's father Mr.Kuber@Krishnappan. Ever since the petitioner's father is in absolute possession and enjoyment of the said property and running the aforesaid rice mill and subsequently changed the name of the rice mill as "Srinivasa Flour Mill" and the same is functioning till this date. The Tahsildar, Pondichery also issued a patta bearing No. 785 and Extract Settlement Registrar for Land and Town in the name of petitioner's father and paternal uncle name to confirm their possession and enjoyment of the said property. While being so, suddenly on 17/12/2015 at 10.30 am, the 2nd Respondent who is the de-facto complainant came to the property along with few unidentified persons claiming that he is the General Power Agent of Mr.Sridharan S/o. Mr.Varadharajan, residing at Chennai-75, vide a Deed of General Power of Attorney dtd. 4/11/2015, registered as Document No.3033 of 2015, on the file of SRO Puducherry, as if the said Sridharan to be the owner of the said property which is belonged to the petitioner's father and had appointed him to deal with the same. To shock and surprise to hear the same, the petitioner has narrated the aforesaid facts to the 2nd respondent herein, but he did not consider petitioner's request. On the other hand, the 2nd respondent threatened the petitioner to demolish the building and vacate and hand over the same to him within a period of fifteen days failing which, he had threatened the petitioner that he would face dire consequences. In the mean time, on verification and perusal of the said legal heirship Certificate dtd. 18/7/2013 relied by the said Sridharan which claimed to be issued by Tahsildar, Pammal is absolutely false and the legal heirship certificate is fabricated and created in order to extort the property of the petitioner. Pammal comes within Kancheepuram district, vide RTI reply Ref. No. RC 3628/2016 dtd. 4/3/2016 wherein the Public information officer confirms that there is no Taluk office at Pammal at any point of time. Hence it is crystal clear that the said Mr. Sridharan had fabricated the Tamilnadu Government Seal and fabricated fraudulent document in order to grab the petitioner's family property by and through the fabricated power of attorney. Further, the Birth Certificate dtd. 27/10/2015 reference number B4819835160/2015 of Sridharan, enclosed along with alleged General Power of Attorney 4/11/2015 is also a fabricated document. Based on the fraudulent and fabricated documents, the 2nd Respondent and Sridhiran and others have Joined together with intent to extort the petitioner's family property. Hence on 30/3/2016, the petitioner herein had lodged a police complaint to the Inspector of Police, Grand Bazar Police station, against the 2 Respondent and others. On 4/12/2016 the said Grand Bazar Police station have registered FIR No.241 of 2016 punishable offence under Sec. 448, 468, 506(i) r/w sec 34 against the 2nd Respondent and Sridharan and the same is pending for Investigation. Under such circumstances, the petitioner has filed W.P.No.3691 of 2016 before this Court against the Chief Secretary and others, wherein the 2nd Respondent herein was shown as the 8 Respondent, sought for a direction to the Director, Survey and Land Records Department, to conduct enquiry in respect of ownership and patta granted in the name of the petitioner's father, vide representation dtd. 25/1/2016. On 1/4/2016, after hearing either side, this Court was pleased to direct the Director, Survey and Land Records Department to conduct enquiry. After conducting enquiry with the Petitioner and 2nd Respondent, on 15/6/2016, the Director, Survey and Land Records Department have passed final order and opined that the legal heirship certificate produced by the 2nd Respondent is fake one and forged for the sole purpose of claiming right over the property. Thereafter, the petitioner herein had also filed another W.P.No 5888 of 2016 before this Court against the District Registrar, Puducherry and the 2nd Respondent sought for a direction to conduct enquiry of the alleged power of attorney dtd. 4/11/2015 in document No 3033 of 2015. After hearing either side, on 18/2/2016, this Court directed the District Registrar, Puducherry to conduct enquiry on either side and pass orders and accordingly on 5/10/2016, the District Registrar, Puducherry has passed an order in D.R.P.No 13 of 2016 and cancelled the Deed of General Power of Attorney dtd. 4/11/2015, registered as Document No.3033 of 2015 executed to and in favour of the 2nd Respondent as fraudulent. Pursuant to the above, in view of the aforesaid circumstances, the 2nd respondent had developed enmity against the petitioner. Hence in order to revenge the petitioner, the 2nd Respondent herein falsely lodged the complaint to the 1st Respondent police belatedly after one year and got registered the FIR against the petitioner in FIR No.1 of 2016.