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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J
Kandhasami – Appellant
Versus
State Rep.By Inspector Of Police, Prevention Of Land Grabbing Separate Cell Dcb – Respondent
| Table of Content |
|---|
| 1. family property dispute and criminal complaint context. (Para 2) |
| 2. arguments raised by petitioners and government. (Para 3 , 4) |
| 3. court's review of evidence and lack of criminal offence. (Para 5 , 6) |
| 4. supreme court precedent against mixing civil and criminal cases. (Para 7) |
| 5. quashing of criminal complaint as no offence made out. (Para 9 , 10) |
ORDER
This Criminal Original Petition has been filed to quash the charge sheet in CC.No.6/2022 pending on the file of the Special Judicial Magistrate, Land Grabbing Court, Namakkal.
2.The facts of the case is that by virtue of the decree passed in O.S.No.398 of 2008 the second respondent has obtained the property in 62/4A to an extent of 4.70 cres in Minnampalli Village in Survey No.94/4 to an extent of 1.25 acres in Klangani Village in Survey No.94/6 to an extent of 3/3/4 cents in undivided share of 7.2 cents; in Survey No.94/1B to an extent of 63 cents situated in Kalangaani Village all together in total comprised of 6.66 acres which is in “A” Schedule” Property. Originally the property belongs to the first petitioner/Kandasami/father-in-law of the second respondent. The said Kandasamy has two sons and one daughter Balasub
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