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Madras High CourtCRL OP/16188/2019disposed of

Dr.R.Krishnamurthy v. Muthamizh Mudhalvan

2019-06-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.16188 of 2019 1.Dr.R.Krishnamurthy 2.Dr.R.Lakshmipathy .. Petitioners .Vs.

Muthamizh Mudhalvan, Son of Senthamizh Selvan, Inspector of Police, Karimangalam Police Station, Dharmapuri District.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.273 of 2006, pending on the file of the learned Judicial Magistrate-I, Krishnagiri and quash the same. For Petitioner : Mr.I.Subramaniam, Sr.Counsel for Ms.K.Sunsitha For Respondents: Mr.M.Mohamed Riyaz, APP

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings pending against the petitioners before the Court below for an offence of defamation.

2. Mr.I.Subramaniam, learned Senior Counsel appearing on behalf of the petitioners submitted that the Complaint itself is not maintainable before the Court below since it does not have the territorial jurisdiction to entertain the same. The learned Senior Counsel also placed reliance upon certain judgments in order to substantiate his arguments. 3.This Court is not inclined to entertain this petition simply on the ground that the proceedings have been initiated in the year 2006, and the petitioners have waited for https://hcservices.ecourts.gov.in/hcservices/

nearly 13 years to file this quash petition questioning the jurisdiction of the Court below.

4. It is well open to the petitioners to raise all the issues before the Court below and the Court below shall consider the same on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings at this stage.

In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2. Judicial Magistrate-I Court, Krishnagiri 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Elambharathi, Advocate, S.R.No. 52646 Crl.O.P.No.16188 of 2019 KS(CO) GN(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/