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1999 Supreme(Mad) 553

M.KARPAGAVINAYAGAM
K. V. VS. Kandasamy And Others, Petitioners – Appellant
Versus
Deputy Superintendent Of Police, Crime Branch, Coimbatore – Respondent


Appearing Advocates:For the Petitioners:K. Doraisami, Sr. Advocate, for Mrs. Muthumani Doraisami, Advocate. For the Respondent:V.R. Balasubramaniam Govt., Advocate.

Judgment :-

This is an application to quash the entire proceedings pending in P.R.C. No. 6 of 1994 on the file of the learned Judicial Magistrate No. II, Pollachi filed by the petitioners A1 to A5.

2. The petitioners were charge-sheeted on 31-12-1993 for the offences under Ss. 120-B, 395, 201, 467, 471 and 109, IPC. The following is the gist of the charge-sheet :-

"The first petitioner A1 was the sitting MLA for Kinathukadavu constituency in 1983. The second petitioner A2 is the younger son and fourth petitioner is the younger brother of A1. The third petitioner A3 was an accountant under the first petitioner. The fifth petitioner A5 was working as Tahsildar at Pollachi. During the last week of January, 1983, the petitioners 1 to 3 and approvers Sugamaran and Rathinaswamy hatched a criminal conspiracy at the house of the first petitioner at Negaman by agreeing to do certain acts of dacoity by cutting the two live rose-wood trees standing in Government poromboke lands at Sankarayapuram village in Pollachi Taluk. In pursuance of the said conspiracy, second petitioner and third petitioner along with approvers Sugumaran and Rathinasamy and other paid workers went to the said village on



















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