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Madras High CourtWP/7810/2022disposed of

Mr.Rahman Sait v. The Deputy General Manager (Technical)

2022-04-18Honourable Mr Justice M.Dhandapani4 pages

and Crl.M.P.Nos.4508 & 4517 of 2022 A.D.JAGADISH CHANDIRA,J.

Mr.A.Gokulakrishnan, learned Additional Public Prosecutor takes notice on behalf of the first respondent.

2. The learned counsel for the petitioner is directed to take private notice on the second respondent returnable by 08.06.2022.

3. The learned counsel for the petitioner would submit that the petitioner is arrayed as A-4 in this case and A-1 is the father of the petitioner. The allegations against the accused in this case is that A-1 who is the nephew of one Sadayappan has fabricated a will and based on the impersonated and fabricated will, he grabbed the property belonging to the second respondent/defacto complainant.

4. The learned counsel for the petitioner would further submits that the petitioner's father A-1 and the second respondent/defacto complainant are close relatives. One Shanmuganathan had executed a will in favour of the petitioner's 1/4

father A-1 in respect of which, the civil disputes are pending between the second respondent/defacto complainant and the petitioner's father. He would further submit that the petitioner has no role in the litigation between the petitioner's father and the second respondent/defacto complainant and he has been unnecessarily roped into this case.

5. The learned counsel for the petitioner would further submit that earlier the petitioner's sister was also roped into this case as A-5 and this Court finds that A-5 was innocent and had quashed the proceedings in respect of A-5. He would further submit that the petitioner other than being the son of A-1, there is no proof or material stating that the petitioner had committed any offence along with A-1.

6. The petitioner has made out a prima facie case for grant of interim stay. There shall be an order of interim stay in respect of the petitioner alone for a period of eight weeks i.e., till 08.06.2022.

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7. The personal appearance of the petitioner before the Trial Court is dispensed with, on condition that the petitioner shall be duly represented by a counsel before the Trial Court on all hearing dates without fail.

8. List the matter on 08.06.2022.

20.04.2022 rgm/arb A.D.JAGADISH CHANDIRA,J.

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rgm/arb and Crl.M.P.Nos.4508 & 4517 of 2022 20.04.2022 4/4