V.Rajendran v. Murugananthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM

CRL.O.P.No.24009 of 2013

and

CRL.MP.No.1 of 2013

V.Rajendran ... Petitioner/Accused Vs. Muruganantham ...Respondent/Complainant

PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC No.627 of 2013 on the file of the learned Judicial Magistrate, Ariyalur and quash the same.

For Petitioner : Mr.R.Sankarasubbu For Respondent : No Appearance O R D E R

This Criminal Original Petition has been filed by the accused to quash the proceedings against him in STC.No.627 of 2013, on the file of the learned Judicial Magistrate, Ariyalur.

2.The learned counsel for the petitioner has submitted that the respondent herein is an advocate and he was convicted in S.C.No.196 of 2003 on the file of the learned Principal Sessions Judge, Namakkal District, on 28.03.2012, for the offence punishable under Section 4 of Dowry Prohibition Act, under Section 494, 498(A), 506(ii) of I.P.C and also under Section 3(1)(x) of SC/ST Act and sentenced to undergo imprisonment for various terms. As against the said Judgement of conviction and sentence, the respondent herein has filed an appeal before this Court and the same was also dismissed confirming the judgment of conviction and sentence awarded by the Trial Court. He further submitted that after conviction made by the learned Principal Sessions Judge, Namakkal, the defacto complainant in that case namely Tmt.P.Dhamayanthi, who is also an advocate, had sent a complaint to the Bar Council of Tamil Nadu and based on the same, the respondent was suspended from practising before the Courts. He further submitted that when the