M MUTHUSWAMY Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) This petition has been filed by A-1 in C.C. No.92 of 1982 on the file of the C.J.M., Madurai, to quash the said proceedings.

(2.) The respondent viz, State represented by the Inspector of Police, S.P.E., C.B.I., Madras, laid chargesheet against the petitioner and five others for offences under Ss.120-B, 193, 418, 419, 467, 471 read with 467 and 384 I.P.C. The allegations on the basis of which the above charges were made are as follows. A-1 is a practising Advocate at Usilampatti. A-2 is also an Advocate, practising at Madurai. A-3 is a teacher in the R.C. Primary School, Sempatti, Usilampatti. A-4 is A-1's father-in-law. A-6 is a henchman of A-1. All are close associates. During 1977-78, Accused 1 to 6 were parties to a criminal conspiracy to cheat the Indian Overseas Bank, Palace Road, Madurai, and the heirs of late Sri Sadra of Chettipatti in Usilampatti Taluk, in order to acquire the proceeds of the Bank accounts of late Sri Sadra by false personation and committing forgery.

(3.) Sadra worked in Malaysia, saved Rs. 1,52,790.30 and transferred it to Indian Overseas Bank, Main Branch, Palace Road, Madurai, investing a major portion in three fixed deposit receipts and the balance in savings bank, all in his name, and returned to his village in 1974.