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2017 Supreme(Mad) 1765

M.V.MURALIDARAN
B. Murali – Appellant
Versus
State, by the Inspector of Police, Shankar Nagar Police Station, Pammal, Chennai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.AR.L.Sundaresan, Senior counsel for M/s. S.Mohammed Uduman
For the Respondents: Mr.P.Govindarajan, Additional Public Prosecutor, Mr.B. Thanikachalam

JUDGMENT :

This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.63 of 2010, on the file of the learned Judicial Magistrate, Tambaram and quash the same.

2. The 2nd respondent/de-facto complainant lodged a complaint before the 1st respondent/Police making certain allegations against the petitioners herein and two others and in a nutshell, the prosecution story is as under.

3. One D.Mariappan, who was the owner of the property comprised in S.No.18/10, admeasuring to an extent of 726 Sq.ft. situated in Kundrathur Village, had executed a Power of Attorney in favour of the 2nd respondent/defacto complainant in respect of the said property on 09.09.2008. However, the said D.Mariappan cancelled the Power of Attorney granted to the 2nd respondent herein on 07.11.2008 and on the very same day, executed a Power of Attorney in favour of the 1st petitioner in respect of the disputed property. Thereafter, the 1st petitioner executed a sale deed in favour of the 2nd petitioner on 12.11.2008.

4. It is the further case of the 2nd respondent/defacto complainant is that the said D.Mariappan in cahoots with the 1st petitioner herei






















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