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2022 Supreme(Mad) 2432

D. BHARATHA CHAKRAVARTHY
Gurumoorthi – Appellant
Versus
Mohanasundaram Rajamany – Respondent


Advocates appeared:
For the Petitioner:E.V. Chandru, Advocate. For the Respondent:K. Sukumaran, Advocate.

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to call for the records pertaining to the order dated 05.10.2021 in Cr.M.P.No.1825 of 2017 in C.C.No.29 of 2017 on the file of the Chief Judicial Magistrate, Pondicherry and set aside the same and discharge the petitioners from the above criminal proceedings.)

A. The Revision :

1. Aggrieved by the order of the learned Chief Judicial Magistrate at Puducherry in Cr.M.P.No.1825 of 2017 in C.C.No.29 of 2017, in and by which the prayer of the petitioners / accused 1 and 2 to discharge them from the case, was refused by the learned Chief Judicial Magistrate, the present revision is filed.

B. The Facts :

2. Before adverting to the contentions raised in the discharge application and submissions made before this Court, it is necessary to narrate the facts of the case as the case has got checkered history and both sides, by their own conduct, have added enough liquid to the soil and are now finding themselves sinking in the field quicksand created by them and facts are thus:-

(i) On 10.09.2003, one Padma and Jaya, who had 2/5th share in the subject matter property, executed a Power of Attorney in

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