IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.11.2008 CORAM: THE HONOURABLE MR. JUSTICE S.TAMILVANAN CRL.O.P.No.2897 of 2004 and Crl. M.P.Nos.618 & 619 of 2004 1.Duraichandran 2.Arumagathai .. Petitioners/Accused 5 & 6 vs. 1. State by Deputy Superintendent of Police, District Crime Branch, Namakkal District. (Crime No.29/2002) .... Respondent/Complainant 2.Senthamarai ....Respondent/Defacto Complainant (Impleaded the petitioner/Defacto Complainant as per the order of this Court dated 16.02.2004 in Crl.M.P.No.1615 of 2004 by SAJ) Petition filed under Section 482 Cr.P.C, seeking a direction to call for the entire records relates to S.T.R.No.1762 of 2003 on the file of the Judicial Magistrate No.III, Salem and quash the same so far as the petitioner is concerned. For Petitioner : No Appearance For Respondent-1 : Mr.I.Paul Nobel Devakumar Government Advocate (Crl.Side) For Respondent-2 : No Appearance O R D E R This Criminal Original Petition has been preferred under Section 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No.270 of 2003, on the file of the Judicial Magistrate, Tiruchengode. The petitioners 1 and 2 are accused 5 & 6 before the Trial Court. https://hcservices.ecourts.gov.in/hcservices/ 2. According to the learned Government Advocate appearing for the first respondent, the case in C.C.No.270 of 2003 was taken on file on the complaint given by the defacto complainant, the second respondent herein. Originally the case was registered in Cr.No.29 of 2002 on the file of the District Crime Branch, under Sections 420, 423, 426, 464, 465, 468, 470, 477 and 120 (b) read with 34 I.P.C. The learned Government Advocate, further submitted that P.Ws.1 and 2 were already examined on 22.04.2004 itself. After registering the case it had been forwarded to the District Crime Branch, Namakkal for investigation and investigation was completed under Section 156(3) Cr.P.C.. Accordingly, the case in Namakkal District Crime Branch under Section 420,423, 464, 465, 470 and 471 IPC., was registered. In the counter filed by the first respondent it has been stated that after investigation, charge sheet was laid against the Accused 1 to 15 under Section 415, 420 read with 109/34 IPC, before Judicial Magistrate, Tiruchengode. 3. This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure as per Section 482 of Cr.P.C. This Court is having inherent power under Section 482 of the Code of Criminal Procedure to pass any order under this code which are necessary to prevent abuse of the process of any court subordinate to this Court or otherwise to secure the ends of justice. It is clear, that if there is any illegality in the Criminal Proceedings pending before the Court below the inherent power has to be invoked to prevent the abuse of process of the Court, otherwise, this Court cannot interfere with the same and quash the proceedings. Here in the instance case, though the petitioners have denied the charges levelled against them they have not made out any case to show that the criminal proceedings pending against them before the Court below is illegal so as to interfere with the same by this Court. As contended by the learned Government Advocate appearing for the first respondent, even as per the avernments in the petition filed by the petitioners seeking an order to quash the proceedings, they have not stated any legal grounds to consider it an abuse of process of Court. It is clear that as per the counter filed by the first respondent there is offence made out to attract Section 420 IPC. Though as per the trust deed stated in the complaint, A1 has no right to sell the property belongs to the Trust to anybody, however, under the guise of Power of Attorney of A1, the first petitioner herein has sold the property in favour of A6, the second petitioner herein, who cannot be construed as a bonafide purchaser. Therefore, there is prima facie case made out against the petitioner 1 & 2, then accused 5 & 6 before the Trial Court. 4. Honourable Supreme Court has held in Arun Shankar vs. https://hcservices.ecourts.gov.in/hcservices/ State, reported in 1999(6) SCC 146 that inherent powers are in the nature of extraordinary powers to be acted sparingly for achieving the object mentioned in Section 482, where there is no express provision empowering the High Court to achieve the said object. It is a settled proposition of law, when the allegations in the complaint "Prima Facie' constitute the offence against any or all the accused, in the absence of materials on record to show that the continuance of the proceeding would not be an abuse of process of the Court and to defeat the ends of justice. 5.Considering the materials placed before this Court and the grounds raised by the petitioners in the criminal Original Petition, this Court is of the view that there is no illegality in the criminal proceedings pending before the Court below to be considered as an abuse of process of Court and as such there is no legal necessity to interfere with the same at this stage in order to secure the ends of justice. 6.In the result, this Criminal Original Petition fails and the same is dismissed. Interim Stay already granted is vacated. The Court below is directed to dispose the case on merits according to law. No order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar Smi To 1. The Deputy Superintendent of Police, District Crime Branch,Namakkal District. 2.The Judicial Magistrate No.III,Salem. 3.-do- Thro'The Chief Judicial Magistrate, Salem. 4. The Public Prosecutor,High Court, Chennai. SGL (CO) km/25.11. CRL.O.P.No.2897 of 2004 https://hcservices.ecourts.gov.in/hcservices/