STATE Vs. DHARMALINGAM AMBALAM

JUDGEMENT

(1.) The State has filed this Petition under Sec. 482 of Cr.P.C., being aggrieved by the order of the learned I Additional Sessions Judge, Madurai, in Crl.R.P.No.35 of 2015, confirming the order of the learned Judicial Magistrate, Melur, discharging the accused in C.C.No.53 of 2013.

(2.) The petitioner herein registered F.I.R. in Crime No.152 of 2012 based on the complaint, dtd. 7/10/2012, given by one M.Gopalakrishnan. The content of the F.I.R. in nutshell is that the land measuring an extent of 10 Acres and 88 Cents in S.F.No.21 of Kavattaiyanpatti Village belongs to Elanthaikarai Ayyanar Temple and it is the property of the Village people consisting of three major communities, viz., Ambalam [Kallar], Konar [Yadhavar] and AdiDravidar. Respondents 1 to 9 herein have conspired to grab the Village land, had created sale deed executed by A1 to A3, in the capacity as Managers of the Village common property and A4 to A6 as the legal heirs of A1 to A3, sold the property to A9 through his Power Agent A8. Though the market value of the property was more than Rs.1.5 Crores, the transfer of property was for a sale consideration of Rs.1,57,800.00.

(3.) The 10th respondent herein lodged the complaint alleging act of fabricating false document, forgery, cheating and conspiracy and requested the Police to investigate. Accordingly, the petitioner herein registered a case in Crime No.152 of 2012, took up investigation and filed a final report on 8/5/2013 stating that A1 to A9 have committed the offences punishable under Ss. 465, 467, 468, 471, 120-B and 420 of I.P.C.