G. Bhuvanesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-12-2024
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP(MD) NO. 21961 OF 2024 G. Bhuvanesh S/o. Ganapathi, No. 6/2, North Street, Nallammalpuram, Thenkulam Post, Tirunelveli District.
Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police, Manur Police Station, Tirunelveli District.
Crime No. 148/2024 and another Respondent(s) For Petitioner(s):
P.P.Alwin Balan, Advocate For Respondent(s):
Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R1
ORDER
The petitioner/accused in Crime No.148 of 2024 is charged with offences under Sections 294(b) and 506(i) of the Indian Penal Code, based on the complaint of the second respondent/de-facto complainant (Saraswathiammal), a neighbor of the petitioner.
2. The allegations against the petitioner are that, on 10.02.2024, at about 06:30 1/4
p.m., while the petitioner was walking near the de-facto complainant's house, the complainant's dog, which was tied near the gate, barked and threatened the petitioner. In response, the petitioner allegedly threw a stone at the dog. This led to a verbal altercation between the petitioner and the de-facto complainant. A complaint was subsequently registered, and on completion of investigation, a charge sheet was filed in C.C.No.765 of 2024 before the Judicial Magistrate Court No.V, Tirunelveli, listing six witnesses.
3. The learned counsel for the petitioner submits that, in the meantime, the petitioner had applied for the post of Grade-II Police Constable in the Uniformed Services. The petitioner attended the examination on 06.02.2024 and was selected for the post. However, due to the pending criminal case, which is reflected in the CCTN records, the petitioner's selection has not yet been confirmed. This case is now jeopardizing the petitioner's career prospects. The petitioner, hailing from a marginalized background, had worked hard to qualify for the post, which promises good income and the ability to support his family and secure a better future. The continued pendency of this case is adversely affecting the petitioner's career and future.
4. The learned Additional Public Prosecutor has fairly submitted that, apart from this case, there are no other pending cases against the petitioner. This case arose 2/4
from a minor dispute with a neighbor.
5. Finding force in the above submissions, there shall be an order of interim stay of all further proceedings in C.C.No.765 of 2024, on the file of the Judicial Magistrate Court No.V, Tirunelveli.
6. The personal appearance of the petitioner in C.C.No.765 of 2024 is dispensed with.
sd/- 20/12/2024 / TRUE COPY / 20/12/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
SMN2 TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3/4
ORDER
IN CRL MP(MD) No.13629 of 2024 IN CRL OP(MD) No.21961 of 2024 Date :20/12/2024 SA/SAR. /20.12.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4