PALANIAPPAN Vs. C K MUNUSAMY

JUDGEMENT

(1.) THIS Criminal Original Petition is filed to quash the criminal proceedings in PRC.No,30/2005 on the file of the learned Judicial Magistrate, Bhavani.

(2.) THE petitioners are arrayed as A1 to A3 for the alleged offences under Section 3(1)(iv)&(v) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 herein after referred to as the Act) and Sections 341 and 451 of IPC. THE 1st petitioner is the father of the petitioners 2 and 3.

(3.) ACCORDING to the petitioners, in the year 1980, the respondent orally sold an extent of 1.35 acres in SF.No.1074/1 to one Venkidusamy, son of Angappa Devar, who in turn sold the property to one Marasamy, son of Muthan in the year 1990. Later, the said Marasamy executed a sale deed in favour of one Raju Vathiyar in the year 1997 and after his death his wife by name Rajammal is in possession of an extent of 1.35 acres. It appears that the said Rajammal had leased out the said property to one Sakthivel, son of Mani. Therefore, at present, the lessee Sakthivel is in possession and enjoyment of the property measuring an extent of 1.35 acres in S.No.1074/1 and he is living with his family in the suit property.