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1986 Supreme(Mad) 510

K.M.NATARAJAN
Kannan Alias Krishnaraj and Others – Appellant
Versus
R. A. Varadarajan and Another – Respondent


Advocates Appeared:G. John, K. Chandramouli, Advocates.

Judgment :-

The respondents-accused in Cr.R.C. 47 of 1984 on the file of the II Addl. Sessions Judge, Salem have preferred this application to set aside the order passed by the said court directing further enquiry by another Magistrate. The facts which are necessary for the disposal of this petition are as follows : The first respondent herein preferred a private complaint against these petitioners under sections 148, 147, 109, 114, 427, 435, 448 and 398, I.P.C. alleging that they came in a body armed with deadly weapons, under the pretext of evicting the complainant and the members of his family, trespassed into the house, broke open the lock and demolished the house and committed dacoity of the valuable articles and thereby caused loss to the extent of Rs. 25, 000/-. It is also submitted that the suit filed by the complainant already was pending against petitioners 1 to 6. In the said suit, a Commissioner was appointed and he after inspecting the suit property noted the damages caused to the building by setting fire to it and also gallnut stored therein. He sent telegrams to the higher authorities and reported the matter to the local police. Police did not take any action in the




















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