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2022 Supreme(Mad) 174

G.JAYACHANDRAN
State through Deputy Superintendent of Police, Madurai – Appellant
Versus
Dharmalingam Ambalam – Respondent


Advocates Appeared:
For the Appellant : Hassan Mohammed Ali Jinnah, Public Prosecutor, A. Thiruvadikumar, Additional Public Prosecutor.
For the Respondents:AR. Jeyarhuthran, J. Karthikeyan, K. Veluchamy, N. Dilipkumar, Advocates.

JUDGMENT :

Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records of the dismissal order in Crl.R.P.No.35 of 2015, dated 03.08.2016, on the file of the I Additional Sessions Judge, Madurai, filed against the order in Cr.M.P.No.434 of 2015, on the file of the Judicial Magistrate, Melur and set aside the same.

1. The State has filed this Petition under Section 482 of Cr.P.C., being aggrieved by the order of the learned I Additional Sessions Judge, Madurai, in Crl.R.P.No.35 of 2015, confirming the order of the learned Judicial Magistrate, Melur, discharging the accused in C.C.No.53 of 2013.

2. The petitioner herein registered F.I.R. in Crime No.152 of 2012 based on the complaint, dated 07.10.2012, given by one M.Gopalakrishnan. The content of the F.I.R. in nutshell is that the land measuring an extent of 10 Acres and 88 Cents in S.F.No.21 of Kavattaiyanpatti Village belongs to Elanthaikarai Ayyanar Temple and it is the property of the Village people consisting of three major communities, viz., Ambalam [Kallar], Konar [Yadhavar] and Adi- Dravidar. Respondents 1 to 9 herein have conspired to grab the Village land, had created sale

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