K.L. PRABAKAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed seeking to quash the F.I.R. filed against the petitioner for the offence punishable under Ss. 457 and 380 of IPC in Crime No.3121 of 2021, on the file of the first respondent police.

(2.) The crux of the allegation in the FIR is that the second respondent / first informant is an Advocate and an office bearer of Thiruvotriyur Bar Association. According to him, he is in possession of around 2852 sq.ft. of land belonging to Kaligambal Temple and he has kept his household utensils there. It is further stated that on 14/7/2021, he came to know that some persons entered his premises and removed his articles and also torn the banners, immediately, he gave a complaint to the police and as no action has been taken, he filed a petition under Sec. 156(3) of Cr.P.C. before the learned Judicial Magistrate, Thiruvotriyur and pursuant to the direction given in the said petition, a FIR has been registered against the petitioner for offence punishable under Ss. 457 and 380 of IPC.

(3.) The learned counsel appearing for the petitioner seeks to quash the said FIR and would submit that filing of the FIR is calculated and motivated only in order to grab the property, which is under the control and possession of the petitioner's mother. It is his contention that the petitioner's mother has purchased the superstructure measuring an extent of 2852 sq.fts from one S.Baby W/o Subramaniyam, by way of a registered Sale deed dtd. 28/4/1980, registered as Document No.872/1980, in the office of the Sub Registrar, Thiruvotriyur. He further submitted that water tax and property tax stands in the name of the petitioner's mother and she is regularly paying the taxes to the authorities. Electricity service connection also stood in the name of the petitioner's mother. The petitioner's mother has let out the premises in the year 2008 to one Mr.Karthick for doing business and he has vacated the premises on 12/7/2021. Due to lock-down, the said tenant defaulted in payment of electricity charges for two years and due to which the electricity service connection was was disconnected.