Madras High CourtCRL OP/25521/2021allowed

Jayaprakash v. State Rep By

2021-12-23Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.O.P.No.25521 of 2021 Crl.O.P.No.25521 of 2021 M.NIRMAL KUMAR., J.

Today at the instance of Mr.Ramesh Kumar, learned counsel this case has been listed under the caption 'for being mentioned'.

2. The learned counsel submitted that Crl.O.P.No.25521 of 2021 filed by the accused in CC.No.9238 of 2018, (Cr.No.30 of 2014) was allowed on the ground of compromise entered between the petitioners/ accused and the 2nd respondent/ defacto complainant.

3. The learned counsel represents that LW2 Dr.George Paul S/o. Dr.G.Paulose is yet another victim who had also suffered due to the anonymous E-mail and other communications sent against Dr.George Paul and his daughter and family members. Dr.George Paul had lodged a complaint with the Commissioner of Police in reference No.1764 on 01.11.2013. Since earlier a case in Cr.No.30 of 2014 filed on the complaint of Dr.R.Gunaseelan and the LW2 Dr.George Paul's complaint is for similar cause of action. Hence, no separate case was filed on the complaint of Dr.George Paul following T.T.Antony Vs. State of Kerala case and his complaint was taken along with Cr.No.30/2014 and Dr.George Paul examined as a witness and his statement recorded.

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Crl.O.P.No.25521 of 2021 M.NIRMAL KUMAR., J.

dsa

4. In sum and substance he submits that as victim he ought to be heard and hence sought permission to file appropriate petition before this Court to get clarified, and giving liberty to raise objections on this regard. The counsel further submitted that he is not against the petitioner and defacto complainant Dr.Gunaseelan entering into compromise resolving the issue, as regards Dr.George Paul, no such compromise arrived.

5. Finding reason in the petitioner's submission, the petitioner is permitted to file appropriate petition. The Registry is directed to entertain the same. Thereafter, the petitioner's objection can be decided on merits independent of compromise entered between the petitioner and Dr.Gunaseelan. 29.04.2022 dsa Crl.O.P.No.25521 of 2021 https://www.mhc.tn.gov.in/judis