E.A.Sartharkhan, v. S.Govindarajan, Aged 67 Years,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of August Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M.S. RAMESH CRIMINAL ORIGINAL PETITION No.5781 of 2017 and CRL.MP.Nos.4327/2017 E.A.SARTHARKHAN, [ PETITIONER / ACCUSED in ALL THE PETITIONS ] Vs S.GOVINDARAJAN, [ RESPONDENT IN ALL THE PETITIONS] Petition praying that in the circumstances stated therein the High Court will be pleased to

(1) call for the records pertaining to the proceedings pending in C.C.No.3 of 2017 on the file of the learned Judicial Magistrate No.V, Coimbatore and quash the same.

(2) stay all further proceedings pending trial in C.C.No.3 of 2017 on the file of the learned Judicial Magistrate No.V, Coimbatore, till the disposal of the above CRL.OP.5781/2017. (CRL.MP.4327/2017) Order : These petitions coming on for orders upon perusing the petition and upon hearing the arguments of M/S.M.VIJAYAKUMARAN, Advocate for the petitioner IN BOTH THE PETITIONS the court made the following order:- To proceedings in CC No.3 of 2017 on the file for the learned Judicial Magistrate No.V Combatore is quashed insofar as the petitioner/4th Accused is concerned.

It is made clear that in view of the quashing of the proceedings in sor far as the petitioner/4th Accused is concerned, it will not take away the rights of the complainant to proceed against the other accused.

With the above observation, the Criminal Original Petition is allowed.

-sd/- 07/08/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.V, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] +1 CC to M/S.M.VIJAYAKUMARAN Advocate on payment of necessary charges- CRL OP.5781/2017 and CRL.MP.Nos.4327/2017 Date :07/08/2017 MD: 10/08/2017