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2018 Supreme(Mad) 2712

S.S.SUNDAR
Muthurakku – Appellant
Versus
State through The Inspector of Police, District Crime Branch, Sivagangai – Respondent


Advocates Appeared:
For the Petitioners: Mr. N.S. Ponnaiah
For the Respondents: Mr. C.Ramesh, Mr. R.Udhayakumar

ORDER :

This Criminal Original petition is filed to quash the charge sheet in C.C.No.11 of 2017 on the file of the Judicial Magistrate Court No. II, Sivagangai.

2. The brief facts that are necessary for the disposal of this criminal original petition are as follows :

2.1. A land measuring to an extent of 0.60.5 hectare equivalent to 1 acre 50 cents in S.No.106/2 in Theppaliyenthal Village, Manamadurai Taluk, Sivangangai District, originally belonged to one Periyasamy, by virtue of an assignment made in his favour in the year 1980. The said Periyasamy executed a registered sale deed in favour of Kasthuri Ammal, wife of the second respondent herein. It is not in dispute that patta in respect of the property was also transferred in the name of Kasthuri Ammal, as patta No.199.

2.2. The said Periyasamy, original owner, died on 14.09.1996. However, suppressing the sale that was executed by Periyasamy in favour of the wife of the second respondent herein, it appears that the first petitioner herein has obtained a sale deed in his favour from Periyasamy's daughter, one Poomayil, wife of Murugan. It is stated in the sale deed dated 12.08.2015, (executed by Poomayil, the second accused) that the










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