Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 49447 (MAD)

Senthilkumar v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

CRL OP(MD)/13713/2026 · 2026-07-09

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.13713 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.13713 of 2026 and Crl.M.P(MD) Nos.13405 and 13407 of 2026 1. Senthilkumar 2. S.Jeya 3. Madhanbabu 4. Karthik ... Petitioners/ Accused No.3 to 6 Vs 1. The State of Tamil Nadu Represented by The Inspector of Police, District Crime Branch Madurai District. (Crime No.21 of 2017) ... 1st Respondent/Complainant 2. Annakkodi ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for records pertaining to the case in C.C.No.1578 of 2023 on the file of the Judicial Magistrate No.1, Madurai and quash the same as illegal as against the petitioners and pass any further order or orders as this Court may deem fit. For Petitioners : Mr.G.V.Vairam Santhosh 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13713 of 2026 For R1 : Mr.G. Ganesh Kumar Government Advocate (Crl.Side) ORDER The present Criminal Original Petition has been filed by A3 to A6 seeking to quash the charge sheet in C.C.No.1578 of 2023 on the file of the Judicial Magistrate No.1, Madurai, wherein they are charged with the offences under Sections 420, 419, 465, 468 and 471 of IPC. 2. A perusal of the charge sheet reveals that A1 is said to have forged a power deed on 11.09.2008 as if it has been executed by one Papathiyammal @ Seethaiyammal and thereafter sold the property in favour of the present petitioners herein on 12.09.2008. It is further alleged in the charge sheet that the said Pappathiyammal had passed away on 23.09.2009 and A1 has set up Seethaiyammal as Pappathiyammal and created the forged document. 3. According to the learned counsel appearing for the petitioners, the forgery was committed only by A1. A3 to A6 did not have any knowledge about forged power deed and they are bona fide purchasers. 4. Heard the learned counsel appearing for the petitioners and perused 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13713 of 2026 the materials available on record. 5. It could be seen from the records that the sale in favour of the petitioners herein have been created on the very next day of the execution of the power deed. The consideration for the sale deed has been passed through cash and not by cheque or DD. 6. In such circumstances, this Court is of the considered opinion that whether the petitioners had any knowledge about the forged power deed or not has to be established during trial. This cannot be considered in the quash petition. The presence of the petitioners shall stand dispensed with unless their presence is specifically directed by the trial Court. 7. Considering the above said facts, there are no merits in the petition. Accordingly, this Criminal Original petition is dismissed. Consequently connected Miscellaneous Petitions are closed. 09.07.2026 NCC : Yes/No Index : Yes / No 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13713 of 2026 Internet : Yes / No ebsi To 1. The Judicial Magistrate No.1, Madurai. 2. The Inspector of Police, District Crime Branch Madurai District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13713 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.13713 of 2026 09.07.2026 5/5 https://www.mhc.tn.gov.in/judis