Kishore, Aged 26 Years, v. M.Jagadesan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2022 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Crl.O.P.No.17884 of 2018 and Crl.M.P.No.9285 of 2018 1.Kishore 2.P.G.M.Nirmala

...Petitioners/Accused 1 & 2

Vs.

M.Jagadesan

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.22 of 2017 in the Court of Judicial Magistrate No.II, Ponneri, and quash the same. For Petitioners : No appearance For Respondent : Mr.G.Mohanakrishnan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.22 of 2017 in the Court of Judicial Magistrate No.II, Ponneri, for the offences under Sections 341, 294(b) and 506(ii) IPC.

2.When the matter was taken up for hearing today, there was no representation on behalf of the petitioners. 3.Heard the learned counsel for the respondent/complainant and perused the entire materials available on record.

4.The crux of the allegations in the complaint is that, on 09.11.2015, at around 08.00 p.m., when the complainant was returning from a funeral to his house, the accused came in a motorcyle in the opposite direction in a rash manner and intercepted him. When the complainant questioned the same, the accused abused the complainant and also caused criminal intimidation. It is also stated that the complainant in turn https://hcservices.ecourts.gov.in/hcservices/

abused the accused. It is alleged that, when the complainant approached the Police to lodge a complaint against the accused, the Police did not co-operate, rather, the accused, with their political influence, foisted a case as against the complainant. Hence, left with no other option, the complainant filed the present private complaint before the Judicial Magistrate No.II, Ponneri.

5.On a perusal of the allegations made in the private complaint, this Court is of the view that there are materials to proceed with the trial. It is for the petitioner to take all his defence before the trial Court. Therefore, this Court is not inclined to quash the proceedings at the threshold. 6.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar mkn To

1. The Judicial Magistrate No.II, Ponneri.

2. Do Thro The Chief Judicial Magistrate Chennai +1 CC to M/s.G. Mohana Krishnan, Advocate sr 4498. Crl.O.P.No.17884 of 2018 PCH(CO) SP(11/02/2022) https://hcservices.ecourts.gov.in/hcservices/