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Madras High CourtCRL MP(MD)/3996/2018dismissed

Periyasamy v. The Sub Inspector Of Police,

2018-06-29Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.3996 of 2018 IN CRL RC(MD) No.299 of 2018 N.PERIYASAMY ... REVISION PETITIONER/ PETIITONER Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR, KARUR DISTRICT.

CRIME NO.117/2014 ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of interim stay of all further proceedings in C.C.No09/2015 on the file of the Judicial Magistrate No.II, Karur pending disposal of the above Crl.R.C.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.AN.RAMANATHAN, Advocate for the petitioner and of Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondent, the court made the following order:- This petition is filed to grant an order of interim stay for all further proceedings in C.C.No.9 of 2015 on the file of the learned Judicial Magistrate No.II, Karur pending disposal of the above Criminal Revision Case.

2.On the side of the petitioner, it is stated that the petitioner is having arguable points in the revision petition and prayed that the proceedings of the lower Court to be stayed. 3.On the side of the respondent, it is stated that in the FIR and in the 161 statements, ingredients are available to attract Sections 294(b) and 506(ii) of IPC. The prima facie case is made out against the petitioner and that there is no necessity to grant stay at this stage.

4.Records Perused. The matter to be decided in the stay petition and in the revision petition are the same, at this stage, this Court is not inclined to allow this petition and this petition https://hcservices.ecourts.gov.in/hcservices/

is dismissed. The matter can be decided only after hearing the arguments on both sides in the main revision petition. sd/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KARUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE SUB INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR, KARUR DISTRICT.

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

+1. C.C. to MR.AN.RAMANATHAN Advocate SR.No.70513

ORDER

IN CRL MP(MD) No.3996 of 2018 IN CRL RC(MD) No.299 of 2018 Date :29/06/2018 MS/CM/VK/04.07.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/