JM VII Court directs CCB-II Police to register FIR in a land cheating case

A Coimbatore court has directed the Central Crime Branch-II Police, Coimbatore to register First Information Report against four accused, including three of a family consisting of parents and their daughter, in a case of cheating in a land transaction.

In his order, Judicial Magistrate VII K. Indhirajith directed the CCB-II police to file compliance report within three days from the receipt of the order, and the final report within 60 days.

The petitioner, Sekar 58 of Gobichettipalayam, had approached the court stating that he had been cheated by one Radhakrishnan with whom he had finalised a sale agreement on Dec. 17, 2020, for purchase of a two-acre property in survey no. 435 at Vilankurichi.

Radhakrishnan’s wife Geetha Menon, daughter Rajitha Menon, and their family friend Ashraf had made mala fide promise that the land belonged to the family, and Sekar had paid ₹2.83 crore as advance.

However, Sekar had learnt later that the family had, 10 years prior to execution of sale, alienated a portion of the land and had deceived him with a different parent deed.

At the request of the accused, the petitioner had, on April 19, 2023, permitted them to repay the sale consideration with interest of nine percent per annum within five months.

But, subsequently, Radhakrishnan had sold 65.5 cents to one Selvaraj, Rajendran and Perumalsamy. Radhakrishnan had also suppressed the pendency of debt recovery proceedings for the same property.

Further, the accused, his wife, daughter and family friend had created a “sham gift deed” dated May 22, 2025, in favour of the daughter, and alienated the property in favour of one Sanjana Vijayakumar thorugh sale deed dated June 30, 2025.

Though the petitioner had complained to the police seeking action against the accused stating that the first sale deed was signed by them without absolute title over agreed property of two acres, no FIR was registered.

The court took a strong view of non-filing of FIR even after submission of positive legal opinion dated July 25, 2025, that rendered the overt act of the offence punishable under Sections 318 (4), 351 (3) and 61(2) of BNS.

The local police had contended that the investigation was transferred to District Crime Branch, Erode, and later retransferred to Coimbatore.

The local police further maintained that the matter was related to immovable property and sought transfer of the case to CCB-II police.

Citing a Supreme Court case, the court pointed out that once the facts alleged in the complaint disclose the commission of an offence, then the magistrates are empowered to direct police to register FIR under Section 175(3) of BNSS)

The court also directed the CCB-II police to file FIR against Selvaraj, Rajendran, Perumalsamy and Sanjana Vijayakumar if any prima facie case of criminal conspiracy is determined, and take steps to freeze bank accounts of the accused depending on the circumstances of the investigation.