Senthilkumar v. State of Tamilnadu Rep by Inspector of Police, Dcb

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.

¶2A 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.

¶3According 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.

¶4Heard the learned counsel appearing for the petitioners and perused the materials available on record.

¶5It 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.

¶6In 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.

¶7Considering 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 Internet : Yes / No ebsi To

¶1The Judicial Magistrate No.1, Madurai.

¶2The Inspector of Police, District Crime Branch Madurai District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.13713 of 2026

09.07.2026

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 For R1 : Mr.G. Ganesh Kumar Government Advocate (Crl.Side)