SAKTHIVEL Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in C.C.No.159 of 2014 on the file of the Judicial Magistrate No.IV, Trichy having taken cognizance for the offence under Section 120(b) of I.P.C. as against the petitioner/A4.

(2.) The learned counsel appearing for the petitioner would raise the following ground to quash the criminal proceedings as against the petitioner/A4:

(3.) The learned counsel for the second respondent/defacto complainant would submit that the first and second accused are brothers. Third accused is an independent person and the fourth accused/petitioner herein is Sub Registrar. The defacto complainant purchased the property comprised in S.No.457/3B, 457/4, 458/2, 458/3 admeasuring 5.40 cents land situated at R.T.Malai village, Kulithalai Taluk, Karur District from L.Ws.2 and 3 on 21.06.2012 and registered as document No.4630/12 in the office of Sub Registrar, Woraiyur. Further, he also obtained joint patta on 16.07.2012 as patta No.4046. While being so, the accused 1 and 2 and their mother partitioned the above said property as if the property belongs to their ancestors on 15.02.2007 and registered as document No.735 of 2007 and also obtained patta No.4632/2012 from the Tahsildar. Thereafter, the first and second accused executed the power of attorney deed in favour of A3 on 30.01.2013 and in connivance of A4/the petitioner herein registered as document No.2156 of 201 While it was objected by the defacto complainant, it was kept as pending document. Therefore, even the petitioner knowingly very well that the letter given by the Tahsildar is a forged one, he registered the power of attorney deed. Therefore, all the accused conspired together and registered the power of attorney document. Therefore, the charge is made out as against the petitioner and hence, he prayed for dismissal of the quash petition.