P. VELUMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed, invoking Sec. 482 Cr.P.C., seeking orders to call for the records pertaining to C.C.No.129 of 2018, pending on the file of the Court of Judicial Magistrate No.I, Dindigul and quash the same.

(2.) The petitioner is the second accused in C.C.No.129 of 2018, on the file of the Judicial Magistrate Court No.I, Dindigul. On the basis of the complaint lodged by the second respondent, F.I.R., came to be registered in Cr.No.450 of 2010, on the file of the Dindigul Town West Police Station, for the offences under Ss. 147, 454, 380, 341 and 506(i) I.P.C., against 5 persons including the petitioner. The first respondent, after completing investigation, has laid the final report dtd. 12/7/2010, for the offences under Ss. 147, 454, 341 and 506(i) I.P.C., against 5 persons including the petitioner and the case was taken on file in C.C.No.408 of 2010, on the file of the Judicial Magistrate No.I, Dindigul. It is not in dispute that since the petitioner was shown as absconding accused and after filing of the charge sheet, NBW was issued and pending, the case as against two persons including the petitioner, was ordered to be split up from the mother case in C.C.No.408 of 2010 and the same was taken on file in C.C.No. 129 of 2018.

(3.) Admittedly, the accused Kalavathi and the defacto complainant's wife Chitra are sisters and are the daughters of one Seenivasan and his wife Janaki. It is not in dispute that the said Seenivasan was owning some properties including the property in dispute, that while the said Seenivasan was alive, he had settled some properties to his daughters and effected a family arrangement, that subsequently the said Seenivasan had died on 16/7/2006 leaving behind his wife and two daughters and that thereafter, the mother Janaki had died on 16/10/2009. It is also not in dispute that during the life time of mother Janaki, the defacto complainant's wife Chitra and her family members were residing in the property in dispute along with her mother Janaki and after the death of the said Janaki, disputes arose between the sisters and as a result of which, the accused Kalavathy has filed three civil suits in O.S.Nos.65 of 2009, 89 of 2009 and 277 of 2010 against the defacto complainant's wife Chitra and that the defacto complainant has filed a writ petition in W.P.No.195 of 2010 against the said Kalavathi and her husband.