Madras High Court
Sekar @ Dhanasekar vs The State on 11 January, 2022
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 11.01.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.28649 of 2017
and
Crl.M.P.Nos.16221 & 16222 of 2017
1. Sekar @ Dhanasekar
S/o. Kaliappan
2. Dhanam
W/o.Dhanasekar ... Petitioners/ Accused 2&3
Vs.
1. The State
Represented by the Deputy Superintendent of Police,
District Crime Branch,
Cuddalore District.
2. Appar Sundaram ... Respondents/complainant
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C to call
for the records in C.C.No.241 of 2017 pending on the file of learned Judicial
Magistrate-I, Panruti, Cuddalore District and quash the same.
For Petitioners : Mr.T.Saikrishnan
for M/s.Sai Bharath Ilan
For Respondents : Mr.Vinoth Kumar
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https://www.mhc.tn.gov.in/judis
Government Advocate (Crl. side) for R1
: Mr.A.Thirumaran for R2
ORDER
This petition has been filed to quash the private complaint filed in C.C.No.241 of 2017 pending on the file of learned Judicial Magistrate-I, Panruti, Cuddalore District, for the offences punishable under Sections 467 & 471 of I.P.C.
2. This Court vide its order dated 20.12.2021 directed the de facto complainant and the accused to appear before the learned Judicial Magistrate-I, Panruti, on 06.01.2022 to give their specimen thumb impression with a direction to the learned Magistrate to forward the same to the Forensic Department for comparison. The disputed documents are only the sale agreement dated 20.09.2004 and the Power of Attorney dated 04.10.2004.
3. This Court is of the view that only based on the report received from the Forensic Department, it could be seen whether there is forgery or not.
4. In such view of the matter, this Criminal Original Petition is closed 2/4 https://www.mhc.tn.gov.in/judis with a liberty to the petitioner to file an appropriate application at a later point of time challenging the order passed based on the report being filed by the Forensic Department.
With the above observation, this petition is closed. The direction given for the Investigating Officer in the earlier order shall be complied with. Consequently, the connected miscellaneous petitions are closed.
11.01.2022 Index: Yes/no Internet: Yes/No gpa/gba To
1. Judicial Magistrate-I, Panruti, Cuddalore District.
2. The Deputy Superintendent of Police, District Crime Branch, Cuddalore District.
3. The Public Prosecutor Madras High Court Chennai - 104 3/4 https://www.mhc.tn.gov.in/judis N.SATHISH KUMAR.J., gpa/gba Crl.O.P.No.28649 of 2017 and Crl.M.P.Nos.16221 & 16222 of 2017 11.01.2022 4/4 https://www.mhc.tn.gov.in/judis