S. Vaidyanathan, J. - (1.) This petition has been filed, seeking to quash the order dated 16.06.2015 passed by the Judicial Magistrate No. IV, Madurai, in and by which, the Magistrate has refused to remand the 1st respondent/A1 and further let him go scotfree on the same day itself.
(2.) The case of the petitioner is as follows: "i) It is submitted that pursuant to the complaint lodged by the defacto complainant, a case in Crime No. 123 of 2015 for offences under Ss. 420, 406 r/w 34 IPC was registered by the 4th respondent against the respondents/A1 to A3. In consequence of the same, the 4th respondent arrested the 1st accused Karuppiah and produced him before the Judicial Magistrate No. IV, Madurai. The Magistrate, vide Order dated 16.06.2015, impugned herein, instead of remanding him into custody, allowed to go free on the same day, but observing that the missing document as per the version of the accused was only the sale deed under dispute, not the Power Deed. ii) It is further submitted that the 1st accused, on receipt of full consideration, transferred the property to his two sons, namely, the 2nd and the 3rd accused by cancelling his Power of Attorney without informing to the defacto complainant and therefore, the criminal intention of the accused is apparent. Hence, it is argued that the action of the Magistrate in letting the accused go free without either remanding or even obtaining bond at the time of his production before the Court would amount to abuse of the process of Court under Sec. 59 of Cr.P.C.. Aggrieved by the said action, the petitioner is before this Court, seeking the above relief."
(3.) Heard the counsel on either side and perused the material documents available on record.;