G ANNAMALAI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the F.I.R. in Crime No.50 of 2013, dated 26.03.2013, on the file of the first respondent police.

(2.) The case of the prosecution is that on 15.07.2009, the first petitioner herein purchased a land in S.No.336/4, measuring to an extent of 1 acre and 7 cents, bearing Patta No.1588, situated at Parvakudi Village, Sankarankovil Taluk, Tirunelveli District, from one Subbaiah and Nagaiyah, who are the sons of one Late.Chinnamayandi Konar of the said Village. The said sale deed was registered as Document No.1817 of 2009 before the Sub- Registrar Office at Karivalamvanthanallur, Sankarankovil Taluk, Tirunelveli District. Before purchasing the property, the first petitioner verified the Encumbrance Certificate for a period of 30 years, 'A' Reigster and other revenue documents. After taking possession, on 15.07.2009, he sold out the property to one S.N.Appal Raja, S/o.Narayana Raja, vide Document No.2553 of 2009, dated 25.09.2009. Subsequent to the said purchase, the said S.N.Appal Raja also sold out the property through his Power Agent - S.A.Jeganatha Raja, who is the second petitioner herein in favour of the third petitioner herein - N.S.Sureka, vide Document No.3020 of 2009, dated 16.11.2009. Thereafter, on 27.12.2010, in respect of the very same property in question, the said N.S.Sureka executed a sale deed in favour of the petitioners 4 to 6 herein, vide Document No.4012 of 2010, on the file of the very same Sub-Registrar Office. While things are being so, one S.Muthupandian, S/o.Samuthiravel, who is the second respondent herein/defacto complainant and working as a Police Officer in E3-Teynampet Police Station, Chennai, called the first petitioner and told that he is entitled to 53.50 cents of land, out of 1 acre and 7 cents of land by way of inheritance. Consequent to the said message, the case has been registered by the first respondent police in Crime No.50 of 2013 for the offences punishable under Sections 120(b), 465, 468 and 506(i) IPC.

(3.) Against the said FIR, the petitioners, who are all the purchasers and the subsequent purchasers of the land in dispute, filed this Criminal Original Petition to quash the said FIR, dated 26.03.2013, on the file of the first respondent police.