C NATARAJAN Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed under section 482 Cr. P. C for quashing the FIR registered in Crime No. 3/2009 on the file of the District Crime Branch, Thiruyannamalai, Thiruvannamalai District for an offence punishable under Section 420 IPC based on the complaint of the second respondent herein dated 03. 03. 2009.

(2.) THE facts leading to the filing of the present petition can be summarised in brief as follows: claiming to be the owner of a property comprised in Survey No. 191/ 3 having an extent of six cents, the petitioner herein sold the said land along with the adjacent lands comprised in Survey No. 191 /1 to three persons viz. 1) Babu s/o Masilamani, 2)Saravanan s/o Annamalai and 3) Balaji s/o dakshina moorthy under three sale deeds bearing document Nos. 911/2008, 988/2008 and 3298/2008 respectively registered on the file of the Sub Registrar, Polur. The second respondent, namely the de facto complainant preferred a complaint on the file of district Crime Branch, Thiruvannamalai alleging that the said property originally belonged to his father-in-law Rangaiah reddiar; that after his death the same devolved upon Sundaralakshmi, wife of rangaiah Reddiar and his daughter Rani; that the second respondent/de-facto complainant was the husband of the said Rani; that while so, the petitioner fraudulently obtained a patta in his name for the above said property measuring six cents (equivalent to 2613 sq. ft.) comprised in survey no. 191/3 and sold it along with his property comprised in survey No. 191/1 which was admittedly that of the petitioner herein under the above said sale deeds and that hence criminal proceedings for cheating should be initiated against the petitioner herein. The said complaint was received by the Inspector of Police, District Crime branch on 03. 03. 2009 and a case was registered by him against the petitioner herein in Cr. No. 3/2009 on the file of the District crime Branch, Thiruvannamalai for an offence punishable under Section 420 IPC.

(3.) IN the above said factual background, the petitioner herein has come forward with the present petition under Section 482 cr. P. C to quash the above said criminal case registered against him on the ground that the allegations made in the complaint do not disclose the commission of an offence punishable under Section 420 IPC.