IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:23.04.2010 CORAM: THE HONOURABLE MR.JUSTICE C.S.KARNAN Crl.O.P.No. 23350 of 2007 and M.P.No.1 of 2007 J.Gurunathan .. Petitioner Vs. State rep.by Inspector of Police C.B.C.I.D., Namakkal .. Respondent Petition filed under Section 482 Cr.P.C to call for the records in C.C.No.24 of 2006 and quash the charge sheet and connected proceedings of trial in C.C.No.24 of 2006 on the file of the Chief Judicial Magistrate, Namakkal. For Petitioner : Mr.K.Veeraraghavan For Respondent : Mr.A.Saravanan Govt.Advocate (Crl.side) O R D E R The petitioner/third accursed has filed the above Criminal O.P.No.23350 of 2007 to call for the records in C.C.No.24 of 2006, on the file of the Chief Judicial Magistrate, Namakkal and quash the same. 2.The prosecution case is that the respondent Police/Inspector of Police, Crime Branch, C.I.D.Namakkal has registered a case against three accused persons in Crime No.1 of 1998 for an alleged offence under Section 120(B) r/w 420, 406, 467, 471, 406 r/w 34 of I.P.C. It is alleged that one Balu, son of Muthursamy, addressed a complaint to the Additional Director General of Police, Crime Branch, Chennai-2. The said complaint was registered by the Crime Branch, Namakkal, in Crime No.1 of 1998 under Section 4 of the Prize Chits and Money Circulation Scheme (Banking) Act, 1978. The said complaint stated that the Kalaimagal Sabha, having its head quarters at Kumarapalayam, Salem District, has been registered under the Societies Registration Act, 1975. The said society was running a number of schemes such as house plot scheme, marriage https://hcservices.ecourts.gov.in/hcservices/ donation scheme and death fund scheme etc. The society collects subscription from its members and donates cash upto Rs.25,000/- to assist the marriage of its member's family. The complainant has alleged that the society had purchased land in the name of its members instead of in its own name and thus had benefited the members only than the welfare of the common public, which is violative of the provisions of the Tamil Nadu Societies Registration Act, 1975. The society collected subscription from its members and spent it on wasteful expenditure. The co-accused, S.John, in order to enrol more number of subscribers distributed a number of pamphlets and handbills on various occasions proclaiming the objectives of the Kalaimagal Sabha as one of the amalgamation of communism and capitalism called collectivism and also announced very attractive schemes, which were never implemented. Further, the said accused purchased lands, through brokers/mediators/agents, by negotiation, which paved the way for adopting malpractices. 3.Through the brokers, the sale consideration for the purchased lands were settled by the said accused. In these transactions, there were lot of irregularities committed. It is alleged that about 177 such transactions have been kept pending in which Rs.8,01,47,823/- have been blocked, resulting in wrongful loss to the society. It is further alleged that from the inception of Kalaimagal Sabha, the prime accused S.John has collected a sum of Rs.1,30,89,83,740/- from the members and has embezzled the money and cheated its members wilfully for personal gain. Further, there are a umber of such irregularities committed by the accused. Supporting the prosecution case, 21 witnesses have been mentioned. 4.The petition filed an affidavit, supporting his case, to quash the proceedings and has stated that he belongs to a reputed family at Villupuram; that he was registered by the land owner to sell the landed properties; further that he is neither a member of the Kalaimagal Sabha nor an employee of the said Sabha. But, he has received the amounts under two Demand Drafts from the said Sabha for purchase of land. Further, the petitioner has alleged that the Superintendent of Police, Namakkal, after going through the above said reports and the opinion of the Public Prosecutor had recommended the Inspector of Police to drop the proceedings. It is alleged that there is no iota of evidence regarding the conspiracy. The Charge Sheet, which has been filed against him, is an abuse of process of Court and thus the petitioner prays for quash of the complaint. 5.After well-considering the ingredients of the Charge Sheet and connected records, including witnesses and contents of the petition and arguments of the learned counsel appearing for the respondent, the Court is of the view that this is fit case for trial, as the petitioner has admittedly received two Demand Drafts from the said Sabha for purchase of land and the same has to be verified to ascertain the genuineness of the land transaction, as public money is involved in the said transaction. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/ Criminal O.P.No.23350 of 2007 is dismissed. Consequently, connected miscellaneous petition is closed. No costs. krk Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1. The Chief Judicial Magistrate, Namakkal. 2. The Inspector of Police, C.B.C.I.D., Namakkal 3. The Public Prosecutor, High Court, Madras-104. NM(CO) SR/29.4.2010 Order in Crl.O.P.No. 23350 of 2007 https://hcservices.ecourts.gov.in/hcservices/