K VENUGOPAL Vs. EKAMBERA CHETTIYAR

JUDGEMENT

(1.) Petitioner Venugopal is the sole accused in C.C. No. 125192 pending on the file of Judicial Magistrate No. II, Arakkonam. He is being prosecuted on a private complaint instituted by respondent Ekhambera Chettiyar, for having allegedly committed offences punishable under Sections. 447 and 427, I.P.C.

(2.) In this petition preferred under section 482 of the Code of Criminal Procedure to call for the records and quash pending prosecution as not maintainable and an abuse of process of court, Mr. R. Shanmuga Sundaram petitioners counsel, contended that a civil liability if at as had been given a colour of criminality to initiate action before Judicial Magistrate No. II Arakkonam. PetitionerTs counsel took me through the averments made in the complaint. Respondent has stated therein that he is the owner of the property allegedly trespassed, by virtue of a sale deed and executed in his favour. While so, his younger brother Arumugham, through a false document, had sold the allegedly trespassed property to the petitioner herein, regarding which a civil suit was pending. While so, on 1.10.1990, when the respondent went over to inspect his land, he became aware that even six days prior, petitioner had trespassed into the land and had committed mischief by fencing and putting up poles. Respondent complained to the Village Leader and others, that he had sustained a loss of over Rs. 1 lakh. A complaint preferred by him to the local police was not initially registered, but later on the orders of this court, was registered and investigated, leading to a final report, that the complaint related to a civil transaction.

(3.) It is apparent even from the averments made in the complaint, that respondents brother had sold the allegedly trespassed property to the petitioner by means of a document. Even on the allegations made in the complaint, it is further clear that the petitioner has at least a colour of a bona fide claim of right. If that be so, this prosecution cannot be allowed to survive. It will be open to the parties to fight out their respective rights before the Civil Forum. All further proceedings in C.C. No. 125 of 1992 on the file of Judicial Magistrate, No. II, Arakkonam shall stand quashed. This petition is allowed. Petition allowed.