THANGAVEL UDAYAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a petition under Sec. 482, Criminal Procedure Code to quash the criminal proceedings in C. C. No. 679 of 1982 on the file of the Judicial First Class Magistrate, Dharmapuri.

(2.) ONE Krishna Udayar, alleging to be in possession of an extent of 6-54 acres in Survey No. 18/2 of Mangalampatti village, gave a complaint to the Sub Inspector of Police, Harur, Dharmapuri District against the petitioners (accused 1 to 9) alleging that they formed themselves into an unlawful assembly with the common object of committing theft of tamarind fruits from the trees standing in the above extent of land in his possession and in fact did trespass into the property and actually committed theft of tamarind fruits, besides issuing threats of dire consequences in case they are prevented from removing the tamarind fruits from the trees. The complaint was registered as Cr. No. 85 of 1982 for the offences under Sec. 147, 148, 447, 506, Part II and 392 read with Sec. 34, I. P. C. against the petitioners.