K.K.Gnanaprasanth v. R.Velumani

ORDER The defacto complainant has filed this revision challenging the dismissal of his petition filed under section 156 (3) of Cr.P.C. before the Learned Judicial Magistrate No. I, Madurai in Crl.M.P.((MD).No. 1634 of 2020 to take action against the private respondents Nos.1 and 2 by order dated 07.11.2020.

¶2Power of attorney holder of the defacto complainant has filed this revision stating the following facts:

2.1. The principal is adoptive son of Kannan and Jamuna. After his marriage, he was working and living in Qatar. His father died in the year 2014 and his mother died on 04.10.2020. Immediately, he flew to India and conducted funeral rituals to his mother. According to him on 07.10.2020, the 2nd respondent and his junior illegally trespassed into the house of his mother and opened the bureaus and attempted to take jewels, original documents of the properties claiming that the 2nd respondent was the executor of the will of his mother. Therefore, a complaint was made and there was no action and hence he filed the petition under section 156 (3) of Cr.P.C. to take action against the 2nd respondent and other person on the basis of his complaint. Page No.2/14 The same was dismissed by passing the impugned order in Crl.M.P.No. 1634 of 2020 dated 07.11.2020. Challenging the same, he has filed this revision through power of attorney.

¶3Finding

3.1.The defacto complainant namely K.K.Gnanaprakash Prasanth has filed petition under 156 (3) of Cr.P.C. through his power agent K.S.Sreenivasan. In the petition it is stated that the said K.K.Gnanaprakash Prasanth was adopted son of K.K.Jamuna and Kannan. After his adoption, the adoptive parents performed his marriage and he was living in Qatar, Arabic country. Kannan died in the year 2014. The adoptive mother Jamuna Died on

04.10.2020 and he flew down to India and performed the funeral rituals on

06.10.2020. On 07.10.2020 at 12.00 p.m., the private respondents and other persons came to his house and informed about the execution of will by the said Jamuna in favour of the 2nd respondent and other persons and the 1st respondent was appointed as executor of the will. Therefore, they requested the defacto complainant to hand over the property documents and the jewels. But, the defacto complainant refused and hence they broke open the bureau and checked the documents. Subsequently on 09.10.2020 at 11.00 a.m., the Page No.3/14 respondents and other persons banged into the house and attempted to take away the documents and the jewels kept in the bureau of the deceased. But they left the jewels and took away the original documents of the property and the same was informed to the police and police came there and the respondents fled from the place. Hence, he lodged a complaint in Theppakulam Police Station Madurai to take action against them. There was no action and hence he made a complaint to the commissioner of police and that was not acted upon. Therefore he filed a complaint before the Learned Judicial Magistrate No.I, Madurai under section 156 (3) of Cr.P.C.

3.2. The Learned counsel for the private respondents submitted that after the marriage the defacto complainant failed to take care of the father and he died because of frustration in the year 2014. Thereafter, he demanded the property from the deceased adoptive mother and also attacked and caused injury to her. Thereafter, she made a police complaint against him and in the complaint it is specifically stated that the defacto complainant illegally took away the jewels of the mother. During the pendency of the police complaint in the presence of the elders they entered into mutual understanding and document also was executed under the style of mutual undertaking letter dated 14.07.2015. Even as per the terms of undertaking, the defacto Page No.4/14 complainant was not taking care of his mother. Therefore, the deceased Jamuna's brother and his children only took care of her and hence she executed a will bequeathing her entire property by the registered Will dated

23.01.2018. In the said Will the 1st respondent was appointed as a administrator. After the execution of the Will, during her life time she entered into agreement to sell her property with the third parties. The defacto complainant filed a suit in O.S.No.212 of 2019 against the mother during her life time. In the said suit, deceased herself filed a detailed written statement narrating the harassment meted out to her by the defacto complainant in paragraph No.8 of the written statemen.

3.3. Subsequently, during the life time of the said Jamuna, she took treatment in various hospitals and the petitioner never came to take care of her. During her stay in the hospital 1st respondent and beneficiary of the will alone took care of her. As per the Will, the 1st respondent and the beneficiary went to the house of the deceased Jamuna and tried to take documents and jewels. The defacto complainant resisted the same. Hence, the 1st respondent made a complaint to the Theppakulam Police station and the same was received and receipt was given on 07.10.2020. Thereafter, they went to the house but the defacto complainant refused to co-operate. Therefore, the respondent made a call to the police and police came and asked to resolve the Page No.5/14 dispute through court. But the respondent made a complaint to the commissioner of police to take action against the defacto complainant. In the meantime, the defacto complainant filed a suit in O.S.No. 242 of 2020 on the file of the V Additional District Court, Madurai impleading the respondents for declaration of the suit schedule property as his absolute property and consequential injunction and also to cancel the sale agreement entered by the deceased mother and further relief of directing the 1st respondent to return the properties mentioned in the schedule B and C. Subsequently, his power of attorney made a complaint under 156 (3) of Cr.P.C. before the Learned Judicial Magistrate. The Learned Judicial Magistrate dismissed the said petition stating that the allegation is false. This court perused the entire records and impugned order and also the above narration of the events. Deceased executed the will in favour of the 2nd respondent and the other persons. The 1st respondent was appointed as a executor of the will. The relationship between the petitioner and the deceased mother already was strained and the same is revealed from her written statement in O.S.No.212 of 2019. From the written statement it is clear that jewels were in the custody of the mother. From the following portion of the written statement filed by the deceased mother the allegation that the respondents illegally trespassed and took away the documents is not correct and also against the factual Page No.6/14 Crl.R.CrMi)No.740oofo2024 position:- "Parao8ocz;ikapy; thjp> thjpapd; ,aw;if je;ijahd ntq;fl;uhkd; mtHfspd; 2k; kidtp tpIanyl;Rkpf;Fg; gpwe;j Foe;ijahdtH> thjpia gpujpthjpAk;> gpujpthjpapd; fztUk; jj;njLj;jNghJ> thjpapd; ,aw;if ngw;NwhHfs; Nfl;Lf;nfhz;ljw;fpzq;f> gpujpthjpahYk;> mtuJ fztuhYk; gpujpthjpapd; gzj;ijf;nfhz;L jQ;rhT+hpy; thjpapd; ,aw;if je;ijapd; ngahpy; nrhj;J thq;fp nfhLf;fg;gl;l gpd;G> thjp gpuhJ gj;jp 2 y; Fwpg;gplg;gl;Ls;sthW gpujpthjpAk;> mtuJ fztUk; thjpia jj;njLj;J ,Jehs;tiuf;Fk; thjp> gpujpthjpf;F kfdhfNT ,Ue;J tUfpwhH. Thjpf;F jpUkzkhtjw;F Kd;G tiu thjpapd; jj;njLgG; ngw;NwhHfshd gpujpthjp mtuJ fztH kw;Wk; thjpf;Fk; vt;tpj fUj;J NtWghLk; Vw;gl;lJ fpilahJ. Thjpapd; kPJ itj;jpUe;j md;gpd; fhuzkhfNt gpujpthjpAk;> thjpapd; je;ijAk; NrHe;J> jq;fsJ nrhe;j gzj;jpypUe;J thjpapd; ngahpy; 2009 k; Mz;L kJiu tpy;yhGuj;jpYs;s itif FbapUg;Gfs;- y; xU gpshl; thq;fg;gl;lJ. mJNgy;> gpujpthjp jw;NghJ trpj;J tUk; tPL thjpf;fhTk; gpujpthjpapd; fztUf;fhfTk; NrHj;J $l;lhf nrhj;J thq;fg;gl;lJ vd;gij kiwj;J thjpahy; ngha;ahf $wg;gl;Ls;sJ. thjp jpUkzkhd xUrpy ehl;fspNyNa thjpapd; kidtpAk;> kidtpapd; FLk;gj;jhUk;> thjpiaj; J}z;btpl;l thjpAk; cld;NrHe;J> thjpapd; ngw;NwhHfs; ngahpy; cs;s midjJ nrhj;Jf;fisAk; thjpapd; ngaUf;F khw;wk; nra;J nfhLf;f Ntz;Lk; vdW; gpur;ridfs; Vw;gl;L PageoNo.7/14 Crl.R.CrMi)No.740oofo2024 thjpapd; ngaUf;F khw;wk; nra;J nfhLf;f Ntz;Lk; vd;W gpur;ridfs; Vw;gl;L> thjpap;d; ngw;NwhHfs; thjpaplKk; thjpapd; kidtpaplKk; "$l;LFLk;gkhf tho;Nthk"; vd;W $wpaij thjp Vw;f kWj;J> gpujpthjp kw;Wk; mtuJ fztiu ngw;Nwhuhf Vw;f kWj;J> mtuJ kditpAld; jdpf;Fbj;jdk; nrd;W tpl;ljhy;> thjpapd; je;ijAk; gpujpthjpAk; kdNtjid mile;J gpujpthjpapd; fztUk;> thjpapd; je;ijAkhd K.V. fz;zd; Neha;f;F Ml;gl;Lk; thjp rhptu ftdpf;fhky; Gwf;fzpj;J tpl;Ltpl;l fhuzj;jpdhYk; ,we;J tpl;lhH. mjd;gpd;Gk; gpujpthjp> thjpaplk; xd;whf trpf;Fk;gb $wpaNghJk;> gpujpthjpiag; ghHj;J eP vdf;F jha; fpilahJ> cd;id vd; jha; vd;Nw $w tpUg;gk; ,y;iy vdW; $wp gphpe;J tho;e;J tUfpwhH. ,e;epiyapy; fle;j 05.07.2015 k; Njjpad;W gpujpthjpapd; tPl;bw;F te;J thjp> tPl;by; ,Ue;j nrl;bA +ypy; fz;l nrhj;Jf;fs; Fwpj;j Mtzq;fs; kw;Wk; eiffs; midj;ijAk; vLj;Jf; nfhz;L gpujpthjpia tPl;il tpl;L ntspNa js;sp> jhth nrhj;Jf;fis thjpapd; ngaUf;F khw;wpj;jUk;gb kpul;bajd; fhuzkhf> gpujpthjp nra;tjwpahJ thjp vLj;Jr; nrd;wtw;iw kPl;Lj;jUk;gb 05.07.2015 k;Njjpad;W njg;gf;Fsk; fhty; epiyaj;jpy; GfhH nfhLj;J> fhty; tprhuizapy; ,Ue;j NghJ> thjpAk; gpujpthjpAk; fle;j 14.07.2015 k; Njjpad;W cWjpnkhop xgg; e;jg;gj;jpuk; xd;W Vw;gLj;jpf; nfhz;ldH. mjd; gpd;Gk; gpujpthjp> thjpapd; md;gpw;fhf thjpiagyKiw njhiyNgrpapy; njhlHG nfhz;l NghJk; thjp> gpujpthjpia Gwf;fzpj;J gphpe;J tho;e;J tUfpwhH. ,e;epiyapy; gpujpthjp 3 Kiw cjtpf;F PageoNo.8/14 Crl.R.CrMi)No.740oofo2024 Mspd;wp taJ KjpHtpd; fhuzkhf> fPNo tpOe;J fhaq;fs; Vw;gl;L kUj;Jt rpfpr;irapy; ,Ue;J te;jhH. Nkw;gb tpguj;ij thjpaplk;> gpujpthjp mtuJ FLk;gj;jhNuh MWjYf;fhff; $l gpujpthjpia re;jpf;ftpy;iy. mjdhy; gpujtphjp kUj;JtHfspd; MNyhrizapd;gb gpujpthjpapd; ghJfhg;gpw;Fk;> cjtpf;Fk> Ml;fisg; gzpakHj;jp> thjpapd; md;Gg; ghpkhw;wk; fpilf;fhky; kdNtjidAld; tho;e;J te;J epiyapy;> cly;epiy ghjpf;fg;gl;l gpujpthjp mtru rpfpr;irf;fhf kUj;Jtkidapy; NrHf;fg;gl;L> ,e;j tpguk; mwpe;J thjp 3k; egHfsplk; thjp ,d;Dk; rhftpy;iyah vdW; Mfl;L Gwf;fzpj;Js;shH. ,jdhy; kdNtjidaile;j gpujpthjp "A n?l;bA+ypy; fz;l gpujpthjpapd; jdJ Rark;ghj;jpa nrhj;Jf;fis ,t;tof;F jhf;fy; nra;tjw;F Kd;Ng tpy;yq;fg;gLj;jpij mwpe;j thjp fle;j 29.05.2019 k; Njjp gpujpthjpap;d; tPl;bw;F te;J gpujpthjpf;F njhpahky;> tPl;bypUe;J gpujpthjpf;Fr; nrhe;jkhd 27 gTd; eifia vLj;Jr; nrd;W tpl;lH. ,J Fwpj;J gpujpthjp njg;gf;Fsk; fhty; epiyaj;jpy; fle;j

03.07.2019 k; Njjpad;W GfhH nfhLj;J> tprhuizf;F MIuhfhky;> gpujpthjpapd; kPJ tpNuhjk; cw;gj;jp nra;Jk;> Nkw;gb fhuzq;fspdhYk; gpujpthjp trk; cs;s eiffs; Fwpj;J ,g;gpuhjpy; thjp Nfs;tp vJTk; vOg;ghky; ,t;tof;if jhf;fy; nra;Js;shH vd;gNj cz;ikahFk;. PageoNo.9/14

3.4. The same was properly considered by the learned Trial Judge in paragraph 9 and 10 of the following order in Crl.M.P.((MD).No. 1634 of 2020:- "9. g[fhh;jhuh; kDtpy; 07/10/2020k; njjp 1. 2 vjph;kDjhuh;fs; mtiu kpul;o Mghrkhft[k;. mtkhpahijahft[k; ngrpajhf Twpa[s;shh;/ Mdhy; jd;Dila ePjpkd;w gpuhkhz thf;F K:yj;jpy; 07/10/2020y; gpul;rid Vjk; ele;jjhf Twtpy;iy/ nkYk; 09/10/2020y; gPnuhtpy; ,Ue;j eiffis 1.2 vjph;kDjhuh;fs; vLj;J brd;w bghGJ g[fhh;jhuh; jLj;J rpytw;iw kl;Lk; fhg;ghw;wpajhft[k; 1.2 vjph;kDjhuh;fs; vt;tst[ eiffis vLj;J brd;whh;fs; vd bjhpahJ vd g[fhhpy; Twpa[s;shh;/ Mdhy;

gpukhz

thf;FK:yj;jpy;

midj;J eiffisa[k; kPl;Ltpl;ljhf Twpa[s;shh;/ 10/ nkYk; g[fhh;jhuh; jhf;fy; bra;j Mtzkhd chpikapay; tHf;F vz;/212-19y; (Hon'ble 6th Addl.District Court, Madurai) K.K.$Kdh jhf;fy; bra;Js;s vjph; tHf;Fiuapy; 5-tJ gf;fj;jpy; g[fhh;jhuuhd K.K. "hdgpurhe;j; (mthpd; mk;khthd K.K.$Kdh mth;fspd;) 27 gt[d; eifia 29/05/2019y; vLj;J brd;Wtpl;ljhf Twpa[s;shh;/ Mfnt g[fhh;jhuhpd; mk;kh g[fhh;jhunu eifia vLj;Jr; brd;Wtpl;ljhf Twpa[s;s epiyapy;. nkw;go Page No.10/14 K.K.$Kdh mth;fsplk; eif ,Ue;jJ vd;gJk; mjd; eLg;gFjpay; 1.2 vjph;kDjhuh;fs; vLj;Jr; brd;Wtpl;ldh;

vd;gJk;

re;njfj;jpw;Fhpajhf cs;sJ/ nkYk; gpukhz thf;FK:yj;jpy; midj;J eiffisa[k; 1.2 vjph;kDjhuh;fsplkpUe;J kPl;ljhf Twpa[s;sJ Kuz;gl;l xd;whf cs;sJ/"

3.5. The 1st respondent is the executor of the will and therefore he is entitled to act as per the section 213 of the Indian Succession Act. The defacto complainant with active connivance with the power holder and with an advocate by name A.Raja with intent to malign the 1st respondent made a frivolous complaint with baseless allegations. The defacto complainant betrayed all the trust of his adoptive parents and the same is revealed from the written statement filed by the deceased mother in the earlier suit filed by the petitioner. Therefore, this court finds no material to constitute any offence and sees malafides in the complaint. Hence, this court concurs with the reasoning of the learned trial judge to dismiss the petition filed by the power of attorney of the defacto complainant under section 156 (3) of Cr.P.C. with a prayer to take action against the respondents. Page No.11/14

¶4Accordingly this petition is dismissed and the order passed in Crl.M.P.No.1634 of 2020, dated 07.11.2020, passed by the learned Judicial Magistrate No.I, Madurai is hereby confirmed.

22.11.2024 NCC :Yes/No Index :Yes/No

Internet :Yes/No sbn Page No.12/14 To

1.The Judicial Magistrate No.I, Madurai.

2.The Inspector of Police, Theppakulam Police Station, Madurai-62009.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

¶4The Section Officer, Criminal Section(Records), Madurai Bench of Madras High Court, Madurai. Page No.13/14

K.K.RAMAKRISHNAN, J. sbn Predelivery order made in

22.11.2024 Page No.14/14

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.08.2024 Pronounced on : 22.11.2024 CORAM : THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN K.K.Gnanaprasanth ... Petitioner Vs. 1.R.Velumani 2.Thiyagarajan 3.The Inspector of Police, Theppakulam Police Station, Madurai-62009. ... Respondents PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of BNSS/379 r/w 401 of the Criminal Procedure Code, to call for the entire records in Crl.M.P.No.1634 of 2020 on the file of the learned Judicial Magistrate No.1, Madurai and set aside the order in Crl.M.P.No.1634 of 2020, dated 07.11.2020 passed by the learned Judicial Magistrate No.I, Madurai. For Petitioner : Mr.A.Raja For Respondents : Mr.V.Sasi Kumar (for R2) Mr.B.Thanga Aravindh (for R2) Government Advocate (Crl. Side) for R1 Page No.1/14