THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.6161 & 6162 OF 2010 COMMON ORDER: In both these cases, the petitioner challenges the registration of Crimes under Sections 420 and 468 of I.P.C. The brief facts of the case are as follows: The petitioner-accused No.1 herein, being the vendor sold the property to the defacto complainant in the year 2003 and 2007 by valid sale deeds. In the year 2009, an extent of 30 feet of the said property, which is adjacent to a vagu was demolished by the Municipal Corporation stating that the property belonged to the Government. Learned counsel for the petitioner submitted that the petitioner was in possession of the property for a long time and according to him, when he was in possession, the authorities never interfered with the said property and on that ground he sold the property to the 2nd respondent herein. Learned counsel for the 2nd respondent, on the other hand, submitted that knowing fully well that the property belonged to the Government, the petitioner herein with an intention to cheat the 2nd respondent sold the said property to him. Admittedly, at the time of purchase, it is the duty of the 2nd respondent to verify the documents and find out the ownership of the property concerned. If the 2nd respondent fails to do so, he cannot question the sale in the Criminal Court is the submission of the petitioner’s counsel. But at the same time, whether the petitioner had such an intention or knowledge to commit the said offence is a matter, which is required to be investigated into. Since the matter arises out of certain civil disputes and that the complaint was lodged after seven years after the sale, the respondent police are directed to complete the investigate of the case without making arrest of the petitioner herein and file final report either way after verifying all the documents filed by the petitioner. However, if the petitioner is aggrieved over the charge sheet, the petitioner is at liberty to challenge the same in appropriate Court by invoking appropriate proceedings. The Criminal Petition is accordingly disposed of. ________________________ JUSTICE RAJA ELANGO Dated :20th October, 2011 pnb