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2025 Supreme(Online)(MAD) 157

HIGH COURT OF MADRAS
MR.JUSTICE SUNDER MOHAN, J
S.ARUMUGAM – Appellant
Versus
N.KASTHURI – Respondent


Advocates:
Mr.M.Jayapalrajan, Mr.I Abdul Basith

ORDER

The petition seeks leave to file an appeal against the acquittal of the respondents.

2. The petitioner is the complainant in C.C.No.1023 of 2021, tried as a private complaint case.

3.The allegation in the complaint is that the respondents herein had obtained a Decree by making false averments claiming right over the disputed property, and based on the said Decree executed a Sale Deed in favour of the petitioner/appellant/complainant by the Deed of Sale dated 25.03.2008, bearing document No.2236/2008; that after the sale, the petitioner went to inspect that property and found that there was a rival claim for the property; and that the rival claimants objected to the petitioner entering the property and hence, the respondents are liable for the offences under Sections 406 , 417 , 420 , 465 , 468 and 470 of the Indian Penal Code , 1860. Further alleging that the petitioner had lodged a complaint before the police and since no action was taken, he had preferred the private complaint.

4. The petitioner examined himself as P.W.1 and marked thirteen documents as Exs.P1 to P.13. The accused examined the first respondent as D.W.1 and marked exhibits as Exs.D1 and D2.

5. The learned XV Metr

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