IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.09.2017 CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.18290 of 2017
Prayer:- Criminal Original Petition is filed under Section 482 Cr.P.C., prays to call for the records relating to FIR No.09/2015/AC/CB dated 12.08.2015 on the file of the Respondent and quash the same.
For Petitioner :Mrs.R.Revathy For Respondent :Mr.R.Ravichandran Government Advocate (Criminal Side) ORDER This petition is filed to quash the FIR registered by the respondent police in Crime No.09/2015/AC/CB dated 12.08.2015.
2. The case of the petitioner is that he is presently residing at Singapore and he came to know about a Housing Board plot were available http://www.judis.nic.infor sale and paid the entire sale consideration and got the sale register on 15.06.2012. Whereas one Haja Moideen has lodged a complaint alleging that the plot was alloted to him long back on 09.11.2009. Later in collusion with the officials of the Housing Board, the same has been registered in the name petitioner herein. Hence lodged a complaint on 12.08.2015 which is under investigation.
3. The petitioner claims that he purchased the plot from the Housing Board for due value and also got it duly registered. While so, he has been arrayed as one of the accused in the complaint given by one K.A.Haja Moideen and been called by the police frequently to cancel the sale deed executed in his favour.
4. The learned Government Advocate (Crl.side) submits that this petitioner in collusion with officials of Housing Board had fradulently got registered the plot already alloted in favour of the de-facto complaint through public notification under a lease-cum-sale agreement. With the connivance of the official of the Housing Board, the said plot has been descriptively sold to this petitioner without following the procedure and when the complaint was given by the defacto complainant on 12.08.2015, summons were served to the petitioner herein to appear for interrogation. But the petitioner has not cooperated till date. Hence the respondent police are not able to complete the investigation and file the final report.
5. In the light of the above, the petitioner is directed to appear before the respondent police on receipt of the summons and place before them all the relevant particulars and documents available to prove his innocence. On recording the statement, the police shall act in accordance with law and file a final report within a period of two months from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition stands disposed of.
04.09.2017
Speaking / Non-speaking order Index : Yes/No dpq G.JAYACHANDRAN. J dpq To
1. The Inspector of Police Vigilance and Anti Corruption Coimbatore.
2. The Public Prosecutor, High Court, Madras Crl.O.P.No.18290 of 2017
04.09.2017