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2021 Supreme(Mad) 1884

M.NIRMAL KUMAR
K. Udayakumar – Appellant
Versus
State by Inspector of Police, Coimbatore – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: N. Manoharan, R. Ezhilarasan, A.M. Esakkiappan.
For the Respondents: A. Damodaran, R. Sasikumar.

ORDER :

Prayer: Criminal Original Petitions have been filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the criminal case in C.C. No. 215 of 2020 on the file of the Judicial Magistrate, Mettupalayam and to quash the same by allowing these criminal original petitions.

1. The petitioners, who are the first and second accused in C.C. No. 215 of 2020, which is pending for trial before the Judicial Magistrate, Mettupalayam and the case in Crime No. 63 of 2014 for offences under Sections 120-B, 465, 467, 471, 506(i) and 109 IPC, have filed this criminal original petitions.

2. Since both the criminal original petitions arise out of, common criminal case in C.C. No. 215 of 2020 and crime number No. 63 of 2014, these matters are dealt with, together by a common order.

3. The gist of the complaint is that one Nanjappa Gounder was owning 40 acres of land including 8.18 acres in Survey No. 460 in Annur Village. He had three sons viz. Kaliappa Gounder, Palanisamy Gounder and Devanna Gounder. By way of the family partition among themselves vide document No. 1469 of 1957, dated 09.09.1957 “A” property measuring an extent of 13.97 acres was allotted to Kalia

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