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2015 Supreme(Mad) 3079

R.MALA
P. Jebakumar – Appellant
Versus
Inspector of Police, City Crime Branch, Palayamkottai, Tirunelveli City – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. T. Lajapthi Roy
For the Respondents:Mr. K. Anbarasan, Govt. Advocate (Crl. Side) for R1, Mr. R. Ramanlal for R2

Order

The petitioners have come forward with these petitions to quash the C.C.No.86 of 2013 on the file of the Judicial Magistrate Court No.I, Tirunelveli, for the offences under Sections 420, 423 and 120(b) r/w 34 IPC.

2. The learned Counsel appearing for the petitioners submits that the petitioners are arrayed as A3, A2 and A1 respectively. He further submits that the A1 is none other than the own brother of the de-facto complainant. While availing loan from A2/Bank Manager, A1 has given collateral mortgage and deposited the title deed on execution of the deed dated 08.01.2007. At that time inadvertently, he has included the property allotted to his brother/de-facto complainant. The said factum was brought to the knowledge of the UCO Bank Officials by the defacto complainant by way of complaint dated 29.06.2009 and the same was duly forwarded to the 1st accused for rectification. On receipt of the same, A1 also executed a deed of rectification dated 22.09.2009. Thereafter, the case in Crime No.24 of 2009 has been registered for the offences under Sections 420, 423 and 120(b) r/w 34 IPC. It is submitted by the learned counsel for the petitioners that the ingredients of Section 420 I









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