KARUNAKARAN Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner herein is the accused in Crime No.104 of 2011 on the file of the Inspector of Police, Parthibanoor Police Station, Ramanathapuram District. This Criminal Original Petition has been filed by the petitioner, in which, he is seeking the relief to set aside the order, dated 24.08.2012, passed by the learned Judicial Magistrate, Paramakudi, in Cr.M.P.No.5028 of 2012.

(2.) The case of the prosecution is that the third respondent Balakrishnan filed a private complaint before the learned Judicial Magistrate, Paramakudi, against the petitioner and three others in Cr.M.P.No.3074 of 2011 and the same was referred to the first respondent police for investigation under Section 156(3) Cr.P.C. After receiving the order passed by the learned Judicial Magistrate, a case has been registered by the first respondent in Crime No.104 of 2011 for the offences punishable under Sections 420, 468, 471 and 474 IPC, against the petitioner and three others. In the complaint, it is alleged by the thrid respondent that the property in S.No.241/11, measuring to an extent of 1 acre and 49 cents, was initially purchased by his grandfather Vengu Thevar on 21.06.1956 from one Mahalingam, through a registered sale deed. After the demise of his grandfather, the said property was in possession and enjoyment of one Palusamy, Selvam, Ponnusamy, Samayamuthu, Ramayee and Yosthai, who are all the legal heirs of Vengu Thevar. In the abovesaid property, the third respondent herein had purchased 60 cents from the abovesaid Ponnusamy and Samayamuthu through an unregistered sale deed, dated 29.05.1988 and after enquiry, he came to know that the abovesaid sale deed was fabricated by the petitioner by forging the signatures in the sale deed in order to grab the land.

(3.) After completing investigation, the first respondent police filed a final report, closing the case as mistake of fact. Aggrieved over the same, the third respondent herein filed a protest petition and after considering the same, on 24.08.2012, the learned Judicial Magistrate, Paramakudi, passed an order, directing the Assistant Superintendent of Police, Paramakudi, for re-investigation, under Section 173(8) Cr.P.C. Challenging the same, the petitioner herein has filed the present Criminal Original Petition, for setting aside the order dated 24.08.2012, passed in Cr.M.P.No.5028 of 2012. With regard to the said order dated 24.08.2012, the learned Judicial Magistrate on 25.09.2012 sent a letter to the Assistant Superintendent of Police, Paramakudi, with a direction to re-investigate the dispute, which was mentioned in the complaint filed by the third respondent.