ANSARI AND ORS. Vs. STATE

JUDGEMENT

(1.) The petitioner has come forward with this petition seeking to quash the proceedings in C.C.No.21 of 2011 on the file of the Judicial Magistrate No.IV, Madurai.

(2.) The petitioners are facing trial in C.C.No.21 of 2011 on the file of the Judicial Magistrate No.IV, Madurai. The defacto complainant is the second respondent herein. Crime No.6 of 2007 was registered at his instance. The first respondent herein filed the final report in respect of the offences 420 r/w 120 (b) r/w 34 IPC. The same was taken on file as C.C.No.21 of 2011. This Court went through the materials on record and it is of the view that the impugned prosecution will not lie. Therefore, the impugned proceedings stand quashed and the original petition stands allowed.

(3.) The matter cannot rest there. The learned Senior counsel appearing for the defacto complainant submitted that the premises bearing door No.74, Nethaji Road, Madurai belonged to the second petitioner herein Thiru M.Abdul Wahab and that the defacto complainant Riyaz Ahamed was his tenant since 1991. His specific allegation is that even though Riyaz Ahamed continues to be a tenant, at no point of time he surrendered the possession back to the owner. A forged and fraudulent document was prepared by Thiru M.Abdul Wahab as if the defacto complainant Riyaz Ahamed handed over the possession back to him. Thiru M.Abdul Wahab also executed a gift deed dated 25.03.2001 in favour of his son Thiru Ansari. Thiru Ansari in turn made it appear, as if he had leased out the property in favour of one Karuppiah and that the said Thiru Karuppiah declined to vacate the premises notwithstanding the demand for eviction. Thiru Ansari filed R.C.O.P.No.287 of 2003 on the file of Rent Controller cum District Munsif, Madurai. Even though the property is located in Madurai, the address for service of the tenant was shown as Keevanur Village, Mudukalathur, Ramnad District. Thiru Karuppaiah received notice in the R.C.O.P and remained exparte and exparte eviction order was obtained on 20.04.2004. Based on the said exparte eviction order in R.C.O.P.No.287 of 2003, E.P.No.349 of 2004 was filed. In the execution proceedings also Thiru Karuppiah was shown as the sole respondent/tenant. Riyas Ahamed was nowhere in the picture.