Court initiates proceedings against trio using fake stay orders

While the police registered an FIR in the case only after being prodded by the High Court, Justice PN Prakash hearing the case has held that apart from criminal prosecution, criminal contempt ought to be initiated against the accused under the Contempt of Courts Act.

JKK Rangammal Charitable Trust of Kumarapalayam, Namakkal District had moved the District Munsif Court, Thruchengode against Muruganandam, Sundaram and Angamuthu for recovery of possession and rent arrears. The court ruled in favour of the trust on November 17, 2004. Thereafter, the trio moved an appeal at the sub court, which dismissed it on April 12, 2013. Following this, the trust moved an eviction petition, which was granted on June 9, 2017.

Based on this, the Amin proceeded to take delivery of the portion on July 18, 2017. But the trio objected. Thereafter, a plea to take possession with the help of the police was obtained on December 5, 2017. Notwithstanding this, when the Amin proceeded to take possession, the trio produced a stay order. Baffled by this, the trust on obtaining a certified copy of the order filed a Civil Miscellaneous petition in the Court only to realise that the stay order was a fraudulent one.

The trust immediately reported the matter to the Execution Court and requested to take immediate action against the three and those who helped them get a fake order copy. Incidentally, the trio also produced stay orders allegedly issued by the High Court. But a cross check of the case numbers and sitting arrangements of the judges from the information centre revealed that all the three stay orders were fraudulently created by an act of forgery.

A complaint was lodged at the HC registry on May 3, 2018 and a written complaint was submitted to the Superintendent of Police, Namakkal on May 15. But the police delayed the registration of an FIR stating that action will be taken only after the court concerned offers a complaint. Thereafter, the trust moved the High Court stating that the SP and Inspector failed to act even after a lapse of three-and-a-half months leaving the persons responsible for the forgery to roam freely and still retaining the possession of the property under the bogus stay order.

However, on Justice Prakash setting a deadline, the police informed the court on Wednesday that the FIR has been registered. The judge then directed the registry to place the papers before the Chief Justice enabling constitution of a division bench to hear the criminal contempt against the three accused.