M.A.M.R.MUTHIAH Vs. K.MUTHUVELLIYAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the prosecution in C.C.No:6066/2016 pending on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, for the offences under Sections 427 and 448 IPC, insofar as the petitioner is concerned.

(2.) The case of the respondent is that the petitioner is the adopted son of one Dr.M.A.M.Ramaswamy. Initially, a criminal complaint was preferred against the petitioner and Security Guards of Chettinad Security Services Private Limited, lead by one Azhagu and his associates for the criminal offence of trespass, mischief and criminal intimidation.

(3.) A land measuring 50 grounds, located at R.S.No.4288/2013 at M.R.C.Nagar, Chennai-28, was inherited and owned by Dr.M.A.M.Ramaswamy, Kumararani Dr.Meena Muthiah and Mr.M.A.M.M.Annamalai. On 21.02.2015, at about 7.30 p.m., at the instigation of the petitioner / adopted son of Dr.M.A.M.Ramaswamy, one Azhagu, (Security Officer, Chettinad Security Services Private Limited, Chennai) along with his associates, broke open the lock of the vacant land, trespassed into it and snatched the key and mobile phone from the security guard and further threatened to assault.