S SARVOTHAMAN Vs. S GUNASEKARAN

JUDGEMENT

(1.) This order shall dispose of the above two petitions.

(2.) Accused 1,2,3,10,11,21 & 22 and accused 13 and 14 in C.C.No.6719/2003 have filed Crl.O.P.Nos.34037/2003 and 39617 of 2003 respectively, to quash the proceedings against them.

(3.) The respondent by name Gunasekaran, has filed a private complaint against the above said petitioners and others, before the XIth Metropolitan Magistrate, Saidapet, seeking appropriate punishment under Sections 423, 465, 466, 468, 471, 420, 474 r/w 120(B) I.P.C. The case of the respondent/complainant is that the property comprised in Survey Nos.146/5, 146/6 originally belonged to one Dayanidhi, who executed a Will in favour of one Pushpakanthammal, bequeathing the same. Under the Will though Pushapakanthammal and her mother Sivagami are the legatees, Sivagami did not avail the benefit of Will and in this view, Pushpakanthammal became the sole legatee of the property and the Will was also got probated in her favour. The complainant Gunasekaran claims, he is the son of Neelayadakshi, who is the only daughter of Pushpakanthammal, the sole legatee, and by the non testamentary succession under Hindu Law, now the property belongs to Neelayadakshi and her two sons viz., the petitioner and Kalaivanan.