A. NARAYANAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been directed against the order dtd. 13/10/2021, passed by the learned Judicial Magistrate No.I, Poonamallee, in Crl.M.P.No.3059 of 2021 in C.C.No.189 of 2009.

(2.) The petitioner is arrayed as Accused No.2 in C.C.No.189 of 2009. The said case has been foisted against the petitioner and four others, alleging that they committed offence under Ss. 420, 465, 467, 468, 471, 420 and 120 IPC. After taking cognizance, when the said case has been posted for trial, the petitioner herein filed a petition under Sec. 239 of Cr.P.C., praying to discharge him from the charges.

(3.) Before the trial Court, it is the case of the prosecution that the defacto complainant's father had purchased a landed property measuring an extent of 34 cents in Survey No.440/2A1A and 11 cents in Survey No.440/2J, from one Mr.Parthasarathy Pillai by a deed of Sale Document No.2693/1963 registered on the file of the Sub Registrar's Office, Poonamallee. One Mr.Paulraj and his sister Arockiya Madha along with their 5 henchmen came to the land and picked up a quarrel with the defacto complainant and damaged the fencing and removed the name board erected by the defacto complainant. Later, the defacto complainant came to know that they are the group fabricating forged documents for the lands. In this regard, the defacto complainant lodged a complaint in CCB, Land Grabbing Cell. On receipt of complaint, a case in CCB Cr.No.425/2008 under Sec. 420, 465, 467, 468, 471 and 120(b) IPC was registered and after completing investigation, the investigation officer has filed a charge sheet against the accused persons and the case is now under trial.