P.Anbalagan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 166 OF 2025 P.Anbalagan S/o. Palanivel, 166/2 W-4, East Street, Earaskkanayakanur, Uthamapalayam, Theni District - 625 515.

Petitioner(s) Vs The State of Tamil Nadu, Rep. by The Inspector or Police, Chinnamanur Police Station, Theni District. (Crime No. 530 of 2023) and another. Respondent(s) For Petitioner(s):

Mr.G.Mohana Krishnan For Respondent(s):

Mr.K.Sanjai Gandhi Government Advocate (Criminal side) for R1

ORDER

Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal side), takes notice for the first respondent.

2. Notice to the second respondent returnable by 14.02.2025. Private notice is also permitted.

3. The petitioner, who is A13 in C.C.No.250 of 2024 and is facing trial for 1/3

offences under Sections 147, 148, 427, 294(b), 324, 506(ii), 323, 326, and 149 of the I.P.C., as well as Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, has filed the quash application.

4. The contention of the learned counsel for the petitioner is that the petitioner, a practising advocate, had represented some of the accused in this case during the bail proceedings, and for this reason, the petitioner has been falsely implicated. Neither the complaint nor the initial statements of the witnesses mention the petitioner's name. Later, additional statements were recorded to implicate him. The learned counsel, referring to the statements of L.W.1 Siva and L.W.2 Kalaivani, pointed out that there is no mention of the petitioner's name or any overt act against him.

5. Finding force in the above submissions of the learned counsel for the petitioner, an order of interim stay of all further proceedings in C.C.No.250 of 2024, pending on the file of the Judicial Magistrate Court, Uthamapalayam, Theni District, is hereby granted.

sd/- 22/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SMN2 TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OR POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.MOHANAKRISHNAN, Advocate ( SR-718[I] dated 23/01/2025 )

ORDER

IN IN CRL OP(MD) NO. 166 OF 2025 Date :22/01/2025 SA/VR/SAR. /06.02.2025/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3