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2026 DAILYLAW 59321 (MAD)

Saravanan v. State Rep By, The Inspector of Police

CRL OP/22537/2026 · 2026-08-13

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.22537 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Crl.O.P.No.22537 of 2026 and Crl.M.P.No.14951 of 2026 Saravanan … Petitioner vs. 1.State rep by Inspector of Police Central Crime Branch Team No.18, Veperi, Chennai-600 007 2.R.Soundararajan … Respondents PRAYER:- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in C.C.No.1133 of 2020 pending on the file of the learned Additional Chief Metropolitan Magistrate at Egmore, Chennai-8 and quash the same. For Petitioner : Mr.M.Anandaraj For R1 : Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) O R D E R This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1133 of 2020 pending on the file of the learned Additional Chief Metropolitan Magistrate at Egmore, Chennai-8. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22537 of 2026 2. The petitioner is arrayed as 4th accused. The case of the prosecution is that the 2nd respondent herein obtained an order under Section 156(3) of the Criminal Procedure Code from the learned XVII Metropolitan Magistrate, Saidapet Chennai, with a direction to register a case pertaining to the land owned by him situated at Plot No.15, R.S.No.193, T.S.No.2, Block 21 measuring to an extent of 3800 sq.ft., Ram Nagar, Peravallur and the same was purchased from one Ramraj Real Estate Owner Mrs.Saraswathiram under a registered Sale Deed vide Document No.1615/1976 on the file of Sub-Registrar Office, Sembiam. During the month of March-2002, he visited the said land and found it was fencing. Immediately, he obtained Encumbrance Certificate and on verification of Encumbrance Certificate, it was found that his property was sold by impersonation, as if he executed a Power of Attorney in favour of one Mr.Senthilkumar in D.No.294/2002 and on the strength of the said Power of Attorney, he sold the above property to one Mr.Kumaran by a registered Sale Deed vide D.No.5855/2002. He filed a civil suit before the City Civil Court in O.S.No.6388 of 2002 and got decree in his favour and the said sale deed was cancelled. Thereafter, he obtained encumbrance certificate and it was found that in the year 1999, a Sale Deed was registered in D.No.2855/1999 by impersonation in favour of one Mr.Palaniappan, 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22537 of 2026 wherein one Kanagasabapathy and Saravanan stood as witnesses. Therefore, the 2nd respondent lodged a complaint and the the 1st respondent registered a case in Crime No.25 of 2008 for the offences punishable under Sections 419, 465, 468, 471 and 506(i) of IPC as against the petitioner and others. 3. After completion of investigation, the 1st respondent filed final report. On receipt of the same, the Trial Court had taken congnizance and while pending trial, Accused Nos.2 and 3 approached this Court to quash the proceedings by way of compromise in Crl.O.P.No.13084 of 2025. This Court by an order dated 25.04.2025 quashed the entire proceedings as against the A2 and A3. Thereafter, the Trial Court proceeded with the trial as against the petitioner, who is arrayed as A4. 4. The PW.1 namely the 2nd respondent deposed that he does not want to proceed with the case as against the petitioner. The relevant portion of the cross examination of PW.1 reads as follows:- “2k; vjpup gHdpag;gd; kw;Wk; 3 k; vjpup fdfrghgjp MfpnahUld; vdf;F rkurk; Vw;gl;L mjdog;gilapy; mtu;fs; ,Utupd; kPjhd ,e;j tHf;F cau;ePjpkd;wj;jhy ; Crl.O.P.No.13084/2025 K:yk ; 25/04/2025 md;W Quash bra;ag;gl;Ltpl;lJ vd;why; rupjhd;/ v';fSf;Fs; vd;d rkhjhdk; Vw;gl;lJ vd;why; ,e;j tHf;fpy; rk;ge;jg;l;l uPru;nt vz;/193. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22537 of 2026 gpshl; ek;gu;/15. uhk; efu;. bguts;S:u; fpuhkj;jpw;Fl;gl;l epyk; vd;Dila epyk ; vd xj;Jf;bfhz;L mij gHdpag;gd ; jpUk;g bfhLj;Jtpl;lhu;/ vdf;Fk; gHdpag;gDf;Fk; ,ilna ele;j cupikapay; tHf;fpy; nkw;brhd;d brhj;J vdf;F brhe;jkhdJ vd jPu;g;ghfptpl;lJ vd;why; rupjhd;/ me;j jPu;g;ghizia rhu;gjpthsu ; mYtyfj;jpy ; eh';fs ; gjpt [ bra;Js;nshk; vd;why; Mkhk;/ 4 k; vjpup rutzd; kPjhd ,e;j Fw;w tHf;if ehd; el;jj tpUk;g[fpnwdh vd;why; elj;j tpUk;gtpy;iy/” 5. In view of the above, keeping the trial pending would not serve any purpose. In order to meet ends of justice, this Court is inclined to quash the entire proceedings as against the petitioner. 6. Accordingly, the proceedings in C.C.No.1133 of 2020 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai-8, is hereby quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 13.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22537 of 2026 To 1.The Additional Chief Metropolitan Magistrate, Egmore, Chennai-8. 2.The Inspector of Police Central Crime Branch Team No.18, Veperi, Chennai-600 007. 3.The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.22537 of 2026 G.K. ILANTHIRAIYAN , J. dm Crl.O.P.No.22537 of 2026 13.08.2026 6/6 https://www.mhc.tn.gov.in/judis