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2009 Supreme(Mad) 2894

C.S.KARNAN
Kaliaperumal @ Perumal – Appellant
Versus
K. Ramesh & Others – Respondent


Advocates Appeared:
For the Petitioner:M/s. V. Sairam, Advocate.
For the Respondents: R1, R2, M/s. V. Manohar, R3, M.R. Thangavelu, Public Prosecutor for Puducherry.

Judgment :

Petition filed under Section 482 Cr.P.C to set aside the order dated 15.03.2007 passed in Crl.R.P.No.12 of 2006 on the file of the Principal Sessions Judge, Puducherry, confirming the order in S.T.R.NO.6363 of 2004 dated 22.05.2006 on the file of the Judicial Magistrate-II, Puducherry and allow the above Criminal Original Petition.

The petitioner has filed the above Criminal Original Petition to set aside the order dated 15.03.2007 passed in Criminal Revision Petition No.12 of 2006 on the file of the Principal Sessions Judge, Puducherry, confirming the order in S.T.R.NO.6363 of 2004 dated 22.05.2006 on the file of Judicial Magistrate II, Puducherry and allow the Criminal Original Petition.

2. The Prosecution case is that the petitioner/Defacto complainant lodged a criminal case with the Respondent Police against the 1st and 2nd respondents herein who are the son and daughter-in-law of the defacto complainant. The said case was registered for an alleged offence under section 427 and 506(ii) of Indian Penal Code. The case came up for hearing on 22.05.2006 before the learned Magistrate, when the accused A1 and A2 were present. The prosecution failed to produce eyewitnesses



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