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2025 Supreme(Online)(Mad) 21006

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Ajitha Benslin – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.P.Narayanakumar
For the Respondents:Mr.K.M.D.Muhilan, Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.118 of 2020 pending on the file of the Judicial Magistrate No.I, Nagercoil, thereby taken cognizance for the offences under Sections 120(B), 167, 406, 415, 420, 468, 471, 474 and

506(1) of IPC .

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

3. The case of the prosecution is that the defacto complainant entered into a sale agreement with A1 for purchasing a property comprised in re-survey Nos.776/1, 776/2A, 776/2B, 774/1, 776/5A admeasuring 10 acres 43 cents. The defacto complainant had also paid an advance amount for the same. Subsequently, it was found that 6.5 acres of the said property fell within a classified private forest area. After excluding that portion, an extent of 3 acres and 9 cents was conveyed to one Asir Packiya Singh through a registered Power of Attorney dated 20.05.2010, executed before Thuckalay Sub Registrar Office. Subsequently, the power holder executed a sale on the next day in favour of the defacto complainant and his business

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