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2022 Supreme(Mad) 1210

R. PONGIAPPAN
A. Narayanan – Appellant
Versus
State Rep. by Inspector of Police, Central Crime Branch, Chennai – Respondent


Advocates appeared:
For the Petitioner:B.K. Girish Neelakantan, Advocate. For the Respondent:Leonard Arul Joseph Selvam, Government Advocate (Crl.Side).

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, against the order dated 13.10.2021 made in CMP No.3059 of 2021 in C.C.No.189 of 2009, on the file of the learned Judicial Magistrate No.I, Poonamallee.)

1. This Criminal Revision Case has been directed against the order dated 13.10.2021, passed by the learned Judicial Magistrate No.I, Poonamallee, in Crl.M.P.No.3059 of 2021 in C.C.No.189 of 2009.

2. The petitioner is arrayed as Accused No.2 in C.C.No.189 of 2009. The said case has been foisted against the petitioner and four others, alleging that they committed offence under Sections 420, 465, 467, 468, 471, 420 and 120 IPC. After taking cognizance, when the said case has been posted for trial, the petitioner herein filed a petition under Section 239 of Cr.P.C., praying to discharge him from the charges.

3. Before the trial Court, it is the case of the prosecution that the defacto complainant’s father had purchased a landed property measuring an extent of 34 cents in Survey No.440/2A1A and 11 cents in Survey No.440/2J, from one Mr.Parthasarathy Pillai by a deed of Sale Document No.2693/1963 registered on the file of the Sub Regis

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