Sankar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in CRL OP(MD) No.21677 of 2024 SANKAR ... PETITIONER/ACCUSED NO.1 Vs 1 THE INSPECTOR OF POLICE, AMMANAICKANUR POLICE STATION, NILAKOTTAI.
(CRIME NO. 19/2023) ... 1ST RESPONDENT/COMPLAINANT 2 SATHIESKANNAN ... 2ND RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant interim stay of all further proceedings in C.C.No.237/2023 pending on the file of the Learned Judicial Magistrate, Nilakkottai, pending disposal of this Crl.O.P. Prayer in CRL OP(MD). 21677/ 2024 :
To quash the charge sheet in C.C.No.237/2023 pending on the file of the Learned Judicial Magistrate, Nilakkottai, so far as the petitioner is concerned. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C.CHRISTOPHER, Advocate for the petitioner and of MR.A.THIRUVADI KUMAR, Additional Public Prosecutor on behalf of the 1st Respondent, while admitting the Criminal Original Petition, the court made the following order:- 1/3
Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, takes notice for the first respondent.
2. Notice to the second respondent returnable by 28.01.2025. Private notice is also permitted.
3. The petitioner/A1, who is facing trial in C.C.No.237 of 2023, for the offences under Sections 341, 294(b) and 506(i) of I.P.C., has filed the quash application.
4. The contention of the learned counsel for the petitioner is that the petitioner is implicated in the case on the premise that he was a legal advisor to the other accused, who allegedly abused the second respondent/de-facto complainant and his family members using filthy language. In this case, it appears that the petitioner was only involved in issuing a threat, which did not escalate into any further action.
5. Considering the above submissions, this Court is of the view that a prima facie has been made out. Hence, there shall be an order of interim stay of all further proceedings in C.C.No.237 of 2023, on the file of the Judicial Magistrate, Nilakottai. sd/- 11/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, AMMANAICKANUR POLICE STATION, NILAKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CRL OP(MD) No.21677 of 2024 Date :11/12/2024 RS/GSV/SAR-(20.12.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3