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1993 Supreme(Mad) 265

N.ARUMUGHAM
Abdul Salam And Another – Appellant
Versus
Inspector Of Police R. 1 Mambalam Police Station And Others – Respondent


Appearing Advocates:For the Petitioner:K.V. Sridharan, P. Sukumar and A. Thangarasan, Advocates. For the Respondent:R1, Mr. G. Kumaravel, Government Advocate, A. Natarajan, Advocate.

Judgment :-

Petitioner Abdul Salam was tried for an offence punishable under S. 448, IPC in C.C. No. 661 of 1985 on the file of the IV Metropolitan Magistrate, Saidapet, Madras. After trial, the petitioner was found guilty under S. 448, IPC and was convicted and sentenced to pay a fine of Rs. 150/- in default to undergo rigorous imprisonment for one month. Petitioner has come up with this revision challenging the legality and propriety of the said judgment and the consequent conviction and sentence imposed on him.

2. Consequent to the conviction and sentence referred to above, P.W. 1 Dhanraj N. Kochar, petitioner in Crl. R.C. 702 of 1989 filed a petition under S. 456, Cr.P.C. before the IV Metropolitan Magistrate, Saidapet, Madras, for the restoration of the possession of the premises bearing door number 26, Ranganathan Street, T. Nagar, Madras in Cr.M.P. 138 of 1987 in C.C. 661 of 1985 and it appears from the case records that the learned trial Magistrate without ordering notice to the respondent, namely the petitioner in Crl. R.C. 809 of 1987 allowed the same on 22-12-1987 and whereupon directed the Inspector of Police, Law and Order, T. Nagar, to restore possession of the said pr


















































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