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2011 Supreme(Mad) 802

G.M.AKBAR ALI
Vijaynataraj – Appellant
Versus
State rep by The Inspector of Police, Coimbatore – Respondent


Advocates appeared:
For the Petitioners:S. Vijayakumar, Advocate.
For the Respondents:R1 - Hassan Mohammed Jinnah, R2 - G.L. Ramshankar, Advocates.

Judgment :-

1. By consent, the matter is taken up for final hearing. This petition is filed seeking for a direction to call for the records pertaining to the proceedings in Cr.No. 94 of 2009 taken on file by the Inspector of Police, City Crime Branch, Coimbatore City on 7.11.2009 on the complaint lodged by the 2nd respondent/defacto-complainant for the alleged offences under Secs.120-B and 420 IPC, and to quash the same.

2. For better appreciation, the factual backdrop involved is briefly outlined herein:

The 2nd petitioner is the son of the petitioners 1 and 3, who are said to be the owners of the property in S.Nos.26/2B and 26/2C. The allegation is that by representing to the defacto-complainant that they would sell to him 33 cents of property for a sum of Rs.95,09,459/-, the petitioners made him to believe that there was no encumbrance in the property and believing such representation, the defacto-complainant purchased the same for a valid consideration under registered sale deeds in the year 2007. After purchase, when the defacto-complainant was taking steps to sell the property, he came to know that the entire extent was already earmarked for public road as per the orders of th











































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