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2022 Supreme(Mad) 871

G. JAYACHANDRAN
Anthony Pal – Appellant
Versus
State Rep. by The Inspector of Police, Kanchipuram – Respondent


Advocates Appeared:
For the Petitioner: R. Sankarasubbu.
For the Respondents:N.S. Suganthan, Government Advocate (Crl.Side).

JUDGMENT :

(Prayer: Criminal Revision Case has been filed under Section 397 r/w Section 401 of Cr.P.C., to summoning the order in C.C.No.45 of 2010 on the file of the District Munsif cum Judicial Magistrate at Uthiremerur, Kanchipuram District and set aside the same as illegal so far as this petitioner is concerned.)

1. This Criminal Revision Case filed challenging the legality of the summon issued by the trial Court under Section 61 of Cr.P.C to the petitioner arraying him as an additional accused in the pending trial in C.C.No.45 of 2010.

2. The second respondent/Bakiyam gave a complaint to the first respondent police on 11.05.2007 alleging that she is the owner of S.No.508/6C at Kuppaiyanallur Village, Uthiremerur. On 08.05.2007, her land was measured by the Taluk Surveyor and boundaries were fixed. While so, on that day at 11.30 p.m., (i) Asirvatham; (ii) Arokiyadoss; (iii) Sagayam; (iv) Sulochana and (v) Anthony Pal assembled unlawfully, they all trespassed into the land and removed the fence. When her brother Immanuvel and her brother's wife, Lurthumary questioned them, they threatened to kill them. The complaint was registered in Crime No. 308 of 2007 under Sections 147, 447, 4

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