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1999 Supreme(Mad) 552

M.KARPAGAVINAYAGAM
K. V. Kandasamy – Appellant
Versus
Deputy Superintendent of Police – Respondent


Advocates Appeared:
K. Doraisami, Senior Counsel, for Mrs. Muthumani Doraisami, for Petitioners.
V.R. Balasubramaniam, Government Advocate, for Respondent.

ORDER

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 A-1 to A-5.

2. The petitioners were charge sheeted on 31.12.1993 for the offences under Secs.120-B, 395, 201, 467, 471 and 109, I.P.C. The following is the gist of the charge sheet:

“The first petitioner A-l was the sitting M.L.A. for Kindnathukadavu constituency in 1983. The second petitioner A-2 is the younger son and fourth petitioner is the younger brother of A-1. The third petitioner A-3 was an accountant under the first petitioner. The fifth petitioner A-5 was working as Tahsildar at Pollachi. During the last week of January, 1983, the petitioners 1 to 3 and approvers Sugumaran and Rathinasamy hatched a criminal conspiracy at the house of the first petitioner at Negamam 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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