SHAHUL HAMEED Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the accused in Crime No.40 of 2021, for offence under Section 406, 417 and 420 of IPC, has filed the Quash Petition.

(2.) The gist of the case is that the 2 nd respondent is a retired District/Divisional Forest Officer from Forest Department. On 13.05.2013, the 2 nd respondent's daughter Smily Jayajothi had purchased a property in plot No.108A at 'C' Extension, PNT Colony, Sundakamuthur, Coimbatore at S.F.No.306 (DTCP No.1425/92). The documents were verified and HDFC Bank granted loan to the tune of Rs.9,75,000/- to the 2 nd respondent's daughter for purchasing the property. Likewise, one Riyaz Ahamed purchased plot No.109A. Both plots are derived from survey Nos.306 and 307. Later, on enquiry, it came to know that the plots have been earmarked for community hall under Vinobaji Scheme, which is the area allotted for public purpose as per DTCP guidelines. Contrary to the same, the petitioner had forged the DTCP Approval No.1425/92 and laid the plots and sold the same to the 2 nd respondent's daughter and one Riyaz Ahamed. Thus, the petitioner cheated the 2 nd respondent's daughter and one Riyaz Ahamed by creating forged approval. Hence, on the complaint of the 2 nd respondent a case in Crime No.40 of 2020 was registered for offence under Sections 406, 417 and 420 IPC.

(3.) The learned counsel for the petitioner submitted that the 2 nd respondent's daughter purchased site bearing No.1089 at 'C' Extension, PNT Colony, Sundakamathur, Coimbatore in S.R.No.306. On enquiry, the 2 nd respondent found that the plan in DTCP.No.1425/92 was forged and the land earmarked for public purpose was changed as housing plot. The learned counsel further submitted that there is no material to prove that the petitioner sold the plots to the 2 nd respondent's daughter and Riyaz Ahamed. The 2 nd respondent's daughter purchased the plot vide sale deed No.2523 of 2013 on 13.05.2013 from one R.Reena. In fact, even in the description of property set out in the sale deed No.2523 of 2013 at Page No.3, description property stated as follows:-