C.KAYALVIZHI Vs. R.SUGUMAR

JUDGEMENT

(1.) This Criminal Revision Case is filed challenging the order passed in Cr.M.P.No.4345 of 2021, dtd. 7/8/2021 on the file of the learned Judicial Magistrate No.1, Tiruchirappalli, thereby directed the fifth respondent to register the F.I.R as against A.1 to A.3 and investigate the case and file final report.

(2.) The petitioner is arraigned as A.3. The first respondent lodged a complaint alleging that he and his brothers are the landlords in shop Nos.213, 214 and 215, Big Bazaar Street, Trichirappalli and they inherited shop No.213 through their father's Will and acquired shop Nos.214 and 215 by way of purchase. The first respondent and his brothers were entered into a rental agreement in respect of shop in Door No.213, Big Bazaar Street, Trichirappalli, with one Muthiah Nadar husband of the first accused/second respondent for five years from 9/6/1994 to 8/6/1999. Thereafter, the first respondent/complainant and his brothers were entered into another agreement with one Lakshmi, wife of Muthiah Nadar in respect of shops in Door Nos.214 and 215 of ground floor for a period of five years from 23/10/1996 to 22/10/2001. She started the business in the name and style of M/s.Aruna Metals occupying Door Nos.213, 214 and 215, since 1997. The first accused's husband sub-let the shop No.213 to his wife, namely Lakshmi. In that regard, the first respondent filed R.C.O.P before the Rent Controller/III Additional District Munsif, Tiruchirappalli, relating to shop No.213 as R.C.O.P.No.219 of 2001 as against the first accused's husband and in relation to shop Nos.214 and 215, he has filed another R.C.O.P.No.193 of 2001 against the said Lakshmi-A.1 In order to ascertain the statement in the counter-affidavit of Muthaiah Nadar that he has sub-let in respect of shop No.213 to his wife Lakshmi, the son of the complainant has filed an application under the Right to Information Act on 12/7/2014 before the Commercial Tax Officer of the Gandhi Market Circle regarding TIN No.33903380968 of M/s.Aruna Metals. As per the information, dtd. 18/8/2014, it discloses that the above Tin was issued to Lakshmi-A.1 for the shop in Door No.213 on 12/1/1997. He also filed another application under the Right to Information Act on 2/1/2015, for which, by reply dtd. 22/1/2015, replied with regard to shop Nos.214 and 215 that since the dealer objected to give documents to the Information Officer, as the Rent Control Original Petition is pending and the same was informed to the son of the first respondent that it could not be given. As against the said reply, an appeal filed before the Tamil Nadu Information Commission. The State Information Commission directed the third respondent herein to furnish information. Thereafter, the son of the defacto complainant was given reply, dtd. 12/11/2015. Further alleged that by reply dtd. 7/12/2016, one of the Right to Information Petition, dtd. 7/11/2016, was denied on the ground that there was stay in W.P.No.37685 of 2015. Thereafter, the second respondent filed appeal before the Tamil Nadu Information Commission and it was ordered to furnish the information. In order to comply with the order, dtd. 26/7/2018, by reply dtd. 28/8/2018, the petitioner herein had furnished a rental agreement dtd. 1/1/1997 for shop Nos.213, 214 and 215. On receipt of the said agreement, dtd. 1/1/1997, the first respondent alleged that the said agreement is a forged one and that apart, from the rental agreement, dtd. 23/10/1996 executed between the second respondent and the landlords, there was no rental agreement executed separately by the first respondent in favour of the first accused. Therefore, the first respondent lodged complaint before the Inspector of Police and also the Commissioner of Police, Trichirappalli. Since they did not take any action, the first respondent filed a complaint seeking direction under Sec. 156(3) of Cr.P.C.

(3.) By an order, dtd. 7/8/2021, the learned Judicial Magistrate No.1, Tiruchirappalli in Cr.M.P.No.4345 of 2021, directed the fifth respondent to register the F.I.R as against A.1 to A.3 and investigate the case and file the final report.