N.PAPPATHI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed for transfer of investigation, from the file of second respondent to the file of third respondent. Initially, the petitioner lodged a complaint before the second respondent and the same has been registered in Crime No.12 of 2012, for the offences punishable under Ss. 420, 467, 471 and 506(i)IPC, that too after forwarded the complaint under Sec. 156(3) Cr.P.C.

(2.) The crux of the allegation is that the petitioner and his family members owned property admeasuring 25.87 acres, comprised in Survey No. 203/1, 341/1, 342/1, 343/1, 344/3, 345/B1, 377/B4. 366/3, 331/2, 378/B3, situated at Thennilai village, Karur. While being so, without any title over the property, the accused fabricated agreement for sale for the very same property, as if, he is the owner of the property.

(3.) However, the second respondent after completion of investigation closed the FIR as 'mistake of fact' and filed charge sheet before the learned Judicial Magistrate No.II, Karur on 28/1/2017. On receipt of the notice, the petitioner filed protest petition and the same was allowed and the learned Magistrate, directed the second respondent to conduct a detailed investigation as to discrepancy found in the stamp paper, which was used for agreement for sale dtd. 16/4/2017, with competent revenue officials.