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2010 Supreme(Ker) 1001

M.SASIDHARAN NAMBIAR
Hydru Haji – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:M.K. Damodaran (Sr. Advocate) & C.P. Mohammed Nias.
For the Respondents:K.P. Dandapani (Sr. Advocate), Millu Dandapani & I.V. Pramod (Public Prosecutor).

ORDER :

Petitioners are accused 1 to 3 in C.C.No.116/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode, taken cognizance for the offences under Ss.465, 467, 471 and 120B read with S.34 of Indian Penal Code on Annexure-1 complaint filed by the second respondent, evidenced by Annexure-19 proceeding paper. This petition is filed under S.482 of Code of Criminal Procedure to quash the proceedings contending that ingredients of any of the offences is not attracted against the petitioners and therefore, continuation of the proceedings is only an abuse of process of the court.

2. Learned senior counsel appearing for the petitioners and learned senior counsel appearing for the second respondent were heard.

3. It is alleged in Annexure-1 complaint filed by the second respondent that as per Document Nos. 437/1980 and 220/1980 of S.R.O., Chevayur, 62 cents of property in R.S.No.5/3C of Kottooli Village was purchased by the second respondent from one Pattiyeri Narendran and subsequently, 32.30 cents, out of the said 62 cents, was sold in favour of Khader Kunhimohammed as per Document Nos.3625/1994 and 6156/1994. Later, by Sale Deed No.4993/2004, rights of Khader Kunhimohamm

































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