S SUBRAMANIAM Vs. R NATARAJAN

JUDGEMENT

(1.) PETITIONER has filed the above Criminal Original Petition praying to call for the records relating to C.C.No.200 of 2002 pending on the file of the Judicial Magistrate No.I, Poonamallee and quash the same.

(2.) IN the affidavit filed in support of the petition, the petitioner would submit that he executed a General Power of Attorney in favour of one R.Natarajan on 27.1.1995 at Madras in respect of his property at Plot No.100 part in S.No.99/2, in Ullagaram Village, Saidapet Taluk, measuring about 1250 sq. feet, specifically agreeing thereto that the Power of Attorney Agent shall inform the petitioner before entering into any agreement of sale in respect of the property; that without informing him he had sold his property to a third party namely Rajeswari by a registered sale deed dated 27.3.1995.

(3.) IN consideration of the facts pleaded, having regard to the materials placed on record and upon hearing the learned counsel for both, the only legal point that could be considered, at this juncture, by this Court, is that the charge being under Section 182 I.P.C that is furnishing false information with intent to cause a public servant to use his lawful power to the injury of another person, which should have been prosecuted under the relevant provisions established by law for investigating into the said charge under Section 195 Cr.P.C., wherein either the public servant concerned, who receives the complaint in writing, or some other public servant to whom he is administratively subordinate, could only deal with the said case and unless the said procedure contemplated under Section 195 Cr.P.C. is adopted, no Court shall take cognizance of the said offence committed under Section 182 I.P.C.