KAMALA GANAPATHY SUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) THE petition is filed by the third accused in Crime No.145 of 2006 on the file of the first respondent seeking quashment of the aforesaid criminal proceedings.

(2.) THE second respondent/de facto complainant has alleged in the complaint as follows:- Late Krishna Iyer had immovable property of about 2000 acres in Kozhumam and many other Districts and large immovable properties worth several crores. THE entire joint family headed by late Krishna Iyer was in the estate house. Safety lockers were there to keep the movable properties in the estate house. From time memorial, the third accused being the eldest in the family was entrusted with the joint family properties and many jewels by the other legal heirs. Invaluable gold ornaments, diamonds, jewels and Maragadhalingam worth several crores were entrusted to the third accused to be kept in the safety lockers in the estate house. Civil suits laid against the third accused and her advisers are pending before various courts. THE third accused, with the assistance of her relatives, removed various artifacts and demolished the estate house and removed the aforesaid valuable movable properties on various dates. A sham sale deed dated 6.6.2005 was created by the power agent of the third accused. Suit has been filed in the Sub Court, Udumalpet to cancel the said sale deed and safeguard the common property of the family. An order of ad interim injunction also was obtained. A Commissioner was appointed by the court to inspect the estate house and accordingly, he inspected the estate house on 29.9.2006 and 16.10.2006 along with the de facto complainant. Various rooms in the house were found demolished. THE doorways and windows with artistic work, various paintings, safety locker rooms, pooja rooms, staircases, kitchens, guest rooms were all found demolished. THE undivided movable properties and pooja items including gold Vinayagar idol of a height of 6-1/2 inches, the rare Kethareswarar Sivalingam brought from Kasi by Krishna Iyer, Maragathalingam, Baanalingams, gold Nandhigeswhwarar, Swarnalingam, gold Annapoorani idol made in Kasi, gold Velswarna Shri Chakram, Sudharsana Chakram, Mahameru made of gold, Rudhraksha malas with gold threads, gold panchapathrams, theerthavaari made of gold and silver vessels used for Abishekam during pooja, silver platforms kept in the pooja rooms and silver pooja baskets were removed and taken away. THE joint family jewels, diamonds enclosed necklaces, bangles, waist rings and diamond studs kept in the safety lockers were plundered by the third accused.

(3.) LEARNED counsel appearing for the petitioner would submit that the second respondent has come out with an invalid plea to take criminal action as against the co-owner of the property. The averments, as such, do not constitute prima facie any criminal offence. No details of the articles alleged to have been stolen by the third accused were mentioned in the first information report. When the civil suits are being litigated before the competent forum, the present complaint has been laid abusing the process of law, he would further contend.