LAWS(MAD)-1990-11-59

NATARAJAN Vs. STATE

Decided On November 19, 1990
NATARAJAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) One M. Mahalingam is a native of Kumbakonam. He claims to be the foster son of one (Tmt) Hemavathi, who died on 11 - 12- 1963 leaving behind her immovable and movable properties. She was stated to have left a registered trust deed dated 31-8-1962 in respect of the management of her immovable properties. She was also stated to have executed a will dated 6-10-1963 in respect of her movable properties. The said foster son is the sole legatee under the abovesaid will.

(2.) On 2-8-1982 the said Mahalingam gave a complaint before the Chief Judicial Magistrates Kumbakonam against one Natarajan and two others, which was in turn, forwarded to the Kumbakonam Police Station, South under S. 156(3), Cri. P.C. for further action. On receipt of the complaint, which was registered in Crime No.283/82, investigation was taken up and after completing the formalities of the investigation, a final report under S.173(2), Cri. P.C. had been laid before the Chief Judicial Magistrate, Thanjavur at Kumbakonam for the alleged offences under Ss.457 and 380, I.P.C. against one Natarajan and two others.

(3.) The case was taken on file as C.C. No. 671 of 1982 by the Chief Judicial Magistrate, K Kumbakonam and subsequently it was transferred to the file of the Additional Chief Judicial Magistrate, Kumbakonam, who in turn, took it on his file as C.C. No. 86 of 1983. Learned Additional Chief Judicial Magistrate, on consideration of the materials placed before him, acquitted all the three accused by his order dated 7-2-1984.