R KATHIRESAN Vs. K KALAICHELVAN @ DHANUSH K RAJA

JUDGEMENT

(1.) This petition has been filed by the respondents in Crl.O.P.(MD).No.480 of 2017 on the file of this Court to conduct a preliminary enquiry under Section 340 of Cr.P.C and file a complaint against the respondent herein.

(2.) The brief facts are as follows:

(3.) The learned counsel for the petitioners has submitted that the petitioners herein have filed S.L.P. before the Honourable Supreme Court, as against the order passed by this Court in Crl.O.P.(MD).No.480 of 2017. Now, a Review Petition No.55 of 2018 is pending before the Honourable Supreme Court. He further submitted that during the hearing in Crl.O.P.(MD).No.480 of 2017, the respondent herein had produced forged Birth Certificate, Transfer Certificate and Mark sheet with a view to defeat the lawful claim of the petitioners herein. He further submitted that now, the petitioners on verification with the internet, as instructed by the Registrar of Birth and Death of Madras City Corporation, have found that the Birth Certificate produced by the respondent herein in the typed set in Crl.O.P.(MD).No.480 of 2017 is not entered in the internet. This proved that the certificate produced by him is not his Birth Certificate, but it is a forged one. He further submitted that the Transfer Certificate produced by the respondent herein stands in the name of one R.K.Venkatesa Prabu, S/o.R.Krishnamoorthy. In the said certificate, community of the respondent herein is stated as Adhi Dravidar, Scheduled Caste Community. He further submitted that in the said certificate, it is mentioned as he is the son of one Kasthuri Raja and his wife Vijayalakshmi, who belong to Malligapuram Village, Bodi Taluk, Theni District. On verification, it is reliably learnt that the said Kasthuri Raja and his wife Vijayalakshmi belong to Naicker Community, which was included in the Backward Community. So, according to him, the said Transfer Certificate and Marksheet are also forged documents. He further submitted that believing the aforesaid forged documents, this Court has quashed the proceedings in M.C.No.15 of 2016 on the file of the Judicial Magistrate, Melur.