R GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C for quashing the first information report registered on the file of Central Crime Branch, Tiruppur as Cr. No. 6 of 2009 for alleged offences punishable under Sections 468,471,120-B, 520 and 506(i) IPC.

(2.) Though the petition, at the first instance, was filed against the investigating officer, namely the first respondent alone, subsequently, the de facto complainant Smt. G.Seetha Devi got herself impleaded as the second respondent by filing a miscellaneous petition M.P. No. 2 of 2009 and obtaining an order on 9.6.2009 for her impleadment in the criminal OP.

(3.) The petitioner herein is none other than the brother of the second respondent herein (de facto complainant). Both of them jointly purchased properties in the years 1989 and 1990. The properties, thus purchased by both of them were in their joint enjoyment till differences arose between them leading to the filing of a suit by the second respondent herein in O.S. No. 303 of 2008 on the file of Sub-Court, Tiruppur in the month of August 2008 for partition and separate possession. The suit was resisted by the petitioner herein, who figured as the defendant in the said suit by filing a written statement containing allegation to the effect that the second respondent herein had executed a general power of attorney in respect of her half share in the properties purchased by her jointly with her brother (the petitioner herein) in favour of one V.Bhaskaran and in exercise of the power conferred upon him, the said Bhaskaran executed a registered sale deed in favour of the petitioner herein on 25.4.2008; that the petitioner, after having purchased the same for a valuable consideration of Rs. 4,50,000/-, made improvements to the property spending huge amount and that the second respondent, with some ulterior motive to gain unlawful enrichment and as an abuse of process of Court, had filed the above said suit.