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2019 Supreme(Mad) 2121

V.BHARATHIDASAN
Dawoodkhan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Ajmal Khan, Senior Counsel for J.Sulthan Basha
For the Respondent: K.K. Ramakrishnan, Additional Public Prosecutor and S. Vinayak for N. Anandakumar

ORDER :

V. BHARATHIDASAN, J.

1. This petition has been filed to quash the criminal proceedings in C.C. No. 239 of 2013, on the file of the Judicial Magistrate Court No. I, Madurai. The petitioner is the sole accused and he stood charged for the offences punishable under Sections 406, 420 and 447 of the Indian Penal Code.

2. The case of the prosecution, in brief, is as follows:

    One Mrs. Vairamani was the owner of the landed property in Re-Survey No. 56/3H, to an extent of 5 cents at Vilangudi Village, Madurai. The second respondent, who is none other than the father of the said Vairamani and her power of attorney, has given a complaint alleging that, the petitioner/accused, is an adjacent house site owner in Re-Survey No. 56/3I, and the petitioner encroached the second respondent property to an extent of 97 square metres. When the second respondent questioned the same, the petitioner disputed it. Hence, the second respondent measured the property with the help of a Surveyor and confirmed that there was an encroachment to an extent of 97 Square metres. Then, he approached the petitioner, and the petitioner also agreed that, he has encroached the property and he promised him to provide al

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