Madras High CourtCRL OP(MD)/22057/2022disposed of

Mahalingam v. The Deputy Inspector Of Police

2024-02-26Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.22057 of 2022 and Crl.MP(MD)No.15557 of 2022 Mahalingam ... Petitioner/Petitioner/ Sole Accused Vs.

The State rep by its The Deputy Inspector of Police, Q Branch CID, Theni District.

... Respondent/Respondent/ Complainant PRAYER:- Petition filed under Section 482 of Cr.P.C., to set aside the order passed in Cr.M.P.(MD)No.25 of 2022 in S.C.No.122 of 2016 on the file of the learned Additional District and Sessions Court, Theni at Periyakulam. For Petitioner : Mr.A.Jeyaramachandran For Respondents : Mr.P.Kottaichamy Government Advocate (Crl.Side)

ORDER

This petition has been filed to set aside the order passed in Cr.M.P. (MD)No.25 of 2022 in S.C.No.122 of 2016 on the file of the learned Additional District and Sessions Court, Theni at Periyakulam. 1/4

2.The learned counsel for the petitioner would submit that as against the stay granted to the petitioner, false case has been foisted under Section 124A IPC. Now, the issue is pending before the Hon'ble Apex Court. He would further submit that this Court may dispose the petition with liberty to the petitioner to file a fresh petition after disposal of Special Leave Petition, which is pending before Hon'ble Apex Court.

3.In view of the fair submission made by the learned counsel for the petitioner, this Court without rendering any opinion on merits of the case, grant liberty to the petitioner to file a fresh petition after disposal of the Special Leave Petition pending before the Hon'ble Apex Court. 4.With the above liberty, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 26.02.2024 2/2 Index : Yes/No Internet : Yes/No NCC : Yes/No dss 2/4

To 1.The Additional District and Sessions Court, Theni at Periyakulam.

2.The Deputy Inspector of Police, Q Branch CID, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

M.DHANDAPANI, J.

dss Crl.O.P.(MD)No.22057 of 2022 and Crl.MP(MD)No.15557 of 2022 26.02.2024 4/4