RAYMOND MENEZES Vs. SENGUNTHAR KAIKOLAR MAHAJANA SARIGAM

JUDGEMENT

(1.) THE revision is directed against the order passed by the learned XVII metropolitan Magistrate, Saidapet, Chennai discharging the accused from the criminal proceedings invoking the provision under section 245 (2) of the Code of Criminal Procedure.

(2.) THE petitioner/complainant has alleged in the complaint as follows: -The father of the complainant Mr. Nazario menezes purchased the subject property from K. M. Lakshmanan under a deed of sale dated 11. 4. 1961. The said Nazario Menezes died on 11. 3. 1968 leaving behind nine legal representatives including the complainant and his mother, but, his mother died on 31. 1. 1995. A partition suit was filed in o. S. No. 1786 of 2003 on the file of the VI additionaljudge, City Civil Court, Chennai. The complainant's undivided 1/8 share in the said property was decreed in the judgment and decree dated 30. 7. 2003 passed in the aforesaid case. The respondent/accused is a Society formed only in the year 2000. It is contended by the accused that the said property was purchased by the Society from the complainant's father who died long long ago. The encumbrance certificate for the period from' 1. 6. 1998 to 17. 4. 2003 would disclose that there was nil encumbrance. The accused have forged and fabricated the documents. Therefore, the complainant prays for prosecution of the accused under sections 464, 467, 471 and 474 of the Indian Penal Code.

(3.) THE complainant was examined on his side and Exs. P1 to p22 were marked. The respondent/accused, thereafter, filed a petition under section" 245 (2) of the Code of criminal Procedure, praying to discharge.