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2022 (9) TMI 1513 - HC - Indian Laws


Issues Involved:
1. Quashing of FIRs registered for various offences under IPC.
2. Allegations of forgery and fraudulent transfer of shares and properties.
3. Validity of the sale and transfer of shares and properties.
4. Legal standing and rights of the parties involved.
5. Abuse of process of law.

Issue-wise Detailed Analysis:

1. Quashing of FIRs Registered for Various Offences Under IPC:
The petitions were filed to quash the FIRs registered in Crime Nos. 2 & 3 of 2016 for offences under Sections 420, 465, 466, 467, 468, 471, and 120B of IPC. The petitioner argued that the cases were previously investigated and closed as "mistake of facts," which was accepted by the Judicial Magistrate. The Additional Director General of Police's order for further investigation without court permission was deemed improper.

2. Allegations of Forgery and Fraudulent Transfer of Shares and Properties:
The prosecution alleged that the petitioner and others manipulated revenue records, created false documents, and forged signatures to unlawfully transfer shares and properties initially owned by Ida L Chambers. The petitioner countered that the shares were legally transferred to A. Nagappa Chettiar and subsequently to him through proper legal channels, including public auctions and court-sanctioned processes.

3. Validity of the Sale and Transfer of Shares and Properties:
The petitioner argued that the shares and properties were legally transferred over several decades, involving court orders and approvals from the Board for Industrial and Financial Reconstruction (BIFR). The prosecution claimed that the transfers were based on forged documents and illegal actions. However, the court found that the transactions were legally sanctioned and properly documented, thus not constituting forgery or fraud.

4. Legal Standing and Rights of the Parties Involved:
The second respondent claimed to be the power agent of George Joseph Chambers, a purported legal heir. However, the court noted that George Joseph Chambers was not recognized as a legal heir of Ida L Chambers, and his claims were previously dismissed by the court. The court emphasized that the second respondent had no locus standi to lodge complaints or claim properties, as his principal had no legal rights over them.

5. Abuse of Process of Law:
The court observed that the second respondent's complaints were an attempt to reopen settled matters and usurp properties without legal standing. The FIRs were deemed an abuse of the legal process, as the issues had been resolved through previous court orders and legal proceedings. The court cited precedents emphasizing that civil disputes should not be converted into criminal cases and that such practices should be deprecated.

Conclusion:
The court quashed the FIRs in Crime Nos. 2 & 3 of 2016, finding no substantial evidence to support the allegations of forgery, fraud, or other criminal offences against the petitioner. The petitions were allowed, and the connected miscellaneous petitions were closed.

 

 

 

 

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