K.POONGAVANAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed to call for the records in Crl.M.P.No.145 of 2019 on the file of the Hon'ble Special Court for exclusive trial of Land Grabbing Cases-II, Periamet, Chennai-3 and to set aside the order dated 09.09.2019 in Crl.M.P.No.145 of 2019 in C.C.No.151 of 2008 on the file of the Hon'ble Special Court for exclusive trial of Land Grabbing Cases-II, Periamet, Chennai-3.

(2.) The brief facts of the prosecution is that the petitioner/de-facto complainant in CR.No.151 of 2008 is the absolute owner of the property being the land measuring an extent of 2599 sq.ft. or thereabouts bearing Plot No.4. Rajarajan Nagar Extension, comprised in Survey No.287/1A and 287/6. As per Patta No.1319, Survey No.287/7 in Vanagaram Village, formerly Ambattur Taluk, Kanchipuram District now in Poonamallee Taluk, Tiruvallur District. The petitioner had purchased the said property vide Sale Deed dated 02.02.1996 registered as Document No.448/1996 (Joint 1 Sub Registrar, Saidapet, Chennai). The petitioner had availed loan from Mr.Lala @ Jithendra Patel, the fifth accused. At the time of lending the loan to the petitioner, the said Mr.Lala @ Jithendra Patel had collected the original title deed as Secuirty. Further he has obtained the signatures of the petitioner in blank Stamp papers, Promissory notes, Black Cheques and Green papers. Subsequently, the petitioner repaid the entire loan to Lala @ Jitehendra Patel. However, he had failed to return the documents given as security and also did not return the blank stamp papers and other connected papers. Later, it was found that the said Mr.Lala @ Jithendra Patel in collusion with the other accused had fabricated a document as if the petitioner/de-facto complainant had given power of attorney in favour of Mr.D.Rajasekar, the third accused. Thereafter, based on the forged Power of Attorney, the accused executed a Sale Deed in respect of the above said property in favour of one Mr.Palmurugesan vide document no.7126/2006 dated 19.09.2006 at Joint-II, Sub Registrar, Saidapet. Further in order to create encumbrance, the third accused executed another Sale Deed in favour of the Abdul Rahim, the sixth accused vide Sale Deed dated 17.11.2006 registered as Document No.8570/2006 at Joint-II Sub Registrar, Saidapet. Thereafter,the accused have also executed another rectification deed dated 24.12.2010 as Document No.9861/2010 at the Joint-II Sub Registrar, Saidapet. The accused have created the above documents for the purpose of grabbing the valuable property belonging to the petitioner/de-facto complainant. Based on the complaint given by the petitioner/de-facto complainant a case in Crime No.151/2008 was registered by the respondent police. The accused were arrested and during the course of investigation, the respondents have seized the following documents from the accused:

(3.) After completion of investigation, the respondent police has filed the final report and the case has been taken in C.C.No.39/2003 before the Trial Court. The petitioner/de-facto complainant had filed Crl.M.P.144/2019 seeking return of the aforesaid documents for the purpose of cancelling the disputed documents and also to clear the encumbrances made in the property.