M. DINKARAN MANICKAM AND ORS. Vs. STATE

JUDGEMENT

(1.) The petitioners are arrayed as accused 1 to 6 in C.C.No.172 of 2009, on the file of the Court of Judicial Magistrate No.I, Tirunelveli and seeking to quash the proceedings, they had filed this Criminal Original Petition.

(2.) It is represented that pending disposal of this Criminal Original Petition, the fourth petitioner, namely, M.K.Daniel Koil Pitchai, died and therefore, the charges against him, have become abated and this Criminal Original Petition is dismissed, as against him.

(3.) The petitioners are facing prosecution for the alleged commission of the offences under Sections 465, 467, 468 and 420 read with 120(b) of I.P.C. A perusal of the charge sheet/final report would disclose that the land, admeasuring to an extent of 14 acres and 6 cents, in Survey No.17/2, Kongandhanparai Village, originally belonged to the great-grandfather of the husband of L.W.1, namely, Tmt.Rajakalaiselvi and four others, through a registered document, bearing Document No.454/1915 and the husband of L.W.1 was entitled to 3 acres of land. Subsequently, the land was sub-divided as Survey No.17/2B and the father of the husband of L.W.1 has executed a registered power of attorney deed, bearing Document No.399/96, in respect of the said portion, based on which, a sale deed bearing Document No.91/2000 was executed in favour of one Ezhilmathi, W/o.Shanmugasundaram Dominic and thereafter, both joining together, had executed a registered general power of attorney deed, bearing Document No.538/2006, in favour of one Rajavisuvasam, who is the father of the said Ezhilmathi and from whom, L.W.1 got it by way of a registered sale deed, bearing Document No.3174/2006 and also got patta.