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2026 Supreme(Mad) 1017

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR
Ilavarasan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Adithya Varadarajan For Mr.J.Hariharan
For the Respondent: Mr.J.Vishnu Counsel for State of Tamil Nadu, Mr.U.Antony Santhosh

ORDER :

R.VIJAYAKUMAR, J.

The present petition has been filed by accused Nos.3 & 4 against C.C.No.83 of 2022 on the file of the Judicial Magistrate, Vadipatty, Madurai seeking to quash the charge sheet wherein they are charged with the offences under Sections 147, 120(b), 406, 420, 468, 471 and 506(i) I.P.C.

2.A perusal of the charge sheet reveals that an extent of 1.55 ½ acres in S.Nos.115 and 115/2A in Pothumbu Village was owned by one Nataraj Nadar. He passed away on 16.11.2001 leaving behind his two sons (accused Nos. 1 and 2) and 5 daughters including the defacto complainant and his widow. The Tahsildhar, Madurai South Taluk had issued a legal heir certificate on 10.04.2002 reflecting all the 8 legal heirs.

3.It is alleged in the charge sheet that accused Nos.1 and 2 ( sons of the deceased Nataraj Nadar) had obtained another legal heir certificate from the same authority on 15.06.2007 as if they are the only legal heirs of the deceased Nataraj Nadar. It is further alleged in the charge sheet that accused Nos.1 and 2 had executed a registered power deed for the above said property in favour of the 4th accused by way of a document registered in Document No.437/2008 on 20.02.2008. Th

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