S DORAISWAMY; ASHOK DORAISWAMY; R SRINIVASAN; S RAJESWARI; S RAMANTHAN; S RAVICHANDRAN; R GEETHA; R SUMITHRA DEVI Vs. STATE; V RAVICHANDRAN

JUDGEMENT

(1.) This petition is filed by the accused 3, 4 and 5 to 10 for quashing the FIR in Cr.No.34 of 2011 on the file of the first respondent police, registered on the basis of the complaint given by the second respondent herein.

(2.) The complaint is filed against the petitioners herein and five others by names (i)Veerapandi S.Arumugam (A1), who is no more (ii)C.Duraiswamy (A2); (iii)Lakshmanan (A11), then Inspector of Police, Pallapatti Police Station; (iv)Murali Azhagapuram (A12) and (v)D.Vijay Babu (A13) by the second respondent/defacto complainant by name V.Ravichandran S/o.Venkatachalam claiming himself to be one of the Directors of Premier Roller Flour Mills Ltd, Salem. It is stated in the complaint that the company was having one Venkatachalam and his sons by names V.Ravichandran, V.Balaji and V.Venugopal as shareholders-cum-Directors and the Directors on the advice of the petitioners 1 and 2 herein by names S.Duraiswamy and D.Ashok Duraiswamy, Auditors of C.Duraiswamy, approached the said C.Duraiswamy through A.P.Nachimuthu, Auditor of the company, for loan of Rs.3 crores against their property measuring 1.97 acres and 85,813 sq.ft. valuing Rs.85 crores and they obtained loan of Rs.3 crores on 29.10.2004 by mortgaging the shares and title deeds relating to the property, where the mill is situated under two agreements and they entered into another independent agreement dated 30.10.2004, as per which, they agreed to pay interest for the loan amount and they further agreed to, till the entire principal and interest is repaid, transfer their share in favour of C.Duraiswamy and hand over the documents to Auditor S.Duraiswamy and his son D.Ashok Duraiswamy, to be in their custody for 2 years and 11 months and in the event of the amount being repaid, within such time document shall be returned and accordingly, the document was handed over to the Auditors and interest was being paid.

(3.) It is the further case of the complainant that on 10.9.2007, the accused 5 to 10 A.R.R.Srinivasan and others, who come to know about the transfer of shares and mortgage of the property and about the custody of the document relating to the same with the Auditors S.Duraiswamy and his son Ashok Duraiswamy, colluded with them at the instigation of Ex.Minister Veerapandi Arumugam and Lakshmanan, then Inspector of Police, Pallapatti Police Station and in order to grab the property, with the help of rowdies and goodas, threatened the complainant and their lessee to vacate the property, failing which, to demolish the same with bulldozer and the same compelled the complainant to give police complaint to Azhagapuram Police Station, but the police refused to receive the complaint. On 11.9.2007, C.Duraiswamy (A2), Murali (A12) and Vijay Babu (A13) along with rowdy elements, armed with weapons, trespassed into the property and the complainant informed about the same to the higher officials, but no action was taken. Hence, the complainant approached this court by way of Crl.OP.No.28441/2007 on 14.9.2007 for registering the case, which is pending. After three months, Lakshmanan, then Inspector of Police, took them to the house of Ex-Minister, Veerapandi Arumugam at Chennai and threatened them to sell their property and thereafter, they came to know that C.Duraiswamy Group registered their shares in their names by using the signatures of the complainant and others obtained in blank stamp papers and papers and sold the property on 3.1.2008 to ARR.Srinivasan and others in favour of M/s.ARRS Mega Mall Private Limited and thereafter the purchaser with the help of Ex-Minister Veerapandi Arumugam, trespassed into the property and demolished the building.