BALAMURUGAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Sec. 482 of the Code of Criminal Procedure seeking to quash the charge sheet in C.C.No. 36 of 2016 pending on the file of the learned Judicial Magistrate No.II, Vellore.

(2.) The second respondent herein had given a complaint to the Superintendent of Police, Vellore alleging that the third and fourth petitioners/A-4 and A-5 herein had induced him to purchase lands in s.No. 843/4 at Mosur Village measuring to an extent of 2.80 acres. He also claimed that he purchased the property by a registered sale deed dtd. 05.11.2007 registered as Document No. 9116 of 2007 on the file of Sub Registrar Office - 1, Arakkonam for total consideration of Rs.9,80,000/-. He further claimed that when he came to take possession, he found that his Vendors, namely, the third and fourth petitioners herein did not have title but they had prevailed upon the first, second and third accused to sell the lands to them though it had already been sold by the accused Nos. 1, 2 and 3 to some other person. He alleged that the third and fourth petitioners herein /A-4 and A-5 had therefore cheated him and when he questioned them, they threatened him with dire consequences. The said complaint was thereafter forwarded to the District Crime Branch, Vellore / first respondent, who registered First Information Report in Crime No. 55 of 2010 under Sections 467, 468, 471, 420, 506(i) read with 120(b) IPC. The investigation was conducted by the first respondent and thereafter, a final report had been laid originally before the learned Judicial Magistrate Court at Arakonam and the same was taken cognizance as C.C.No. 221 of 2012 and later, it had been transferred to the learned Judicial Magistrate Court No.II, Vellroe and renumbered as C.C.No. 36 of 2016.

(3.) Heard Mr. P.Krishnan, learned counsel for the petitioners/A-2, A-3, A-4, A-5 and A-7, Mr. E.Raj Thilak, learned Additional Public Prosecutor appearing for the first respondent and Mr.K.R.Samratt, learned counsel for the second respondent/defacto complainant.