The Court dismissed two Criminal Original Petitions seeking to quash criminal proceedings. Crl.O.P.No.20440 of 2015 was dismissed as the court cannot try merits at this stage. Crl.O.P.No.24098 of 2016 was dismissed for non-prosecution due to lack of appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM
THE HONOURABLE THIRU JUSTICE G.CHANDRASEKHARAN
Crl.O.P.Nos.20440 of 2015 and 24098 of 2016 and M.P.No.1 of 2015 and Crl.M.P.No.11458 of 2016
B.Jaikumar ... Petitioner in Crl.O.P No.20440 of 2015 & 2nd respondent in Crl.OP No.24098 of 2016
Raja Sudhakar ... Petitioner in Crl.O.P.No.24098 of 2016 &
2nd respondent in Crl.OP.No.20440 of 2015
vs
The State Rep by Sub Inspector of Police, K-4, Anna Nagar Police Station, Chennai – 600 040. ... 1st respondent in both the petitions
Prayer in Crl.O.P.No.20440 of 2015:
Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records and quash the proceedings in CC No. 9410/2014 dated 23.07.2014 on the file of the V Metropolitan Magistrate Egmore Chennai - 8 for offences under Sections 294 (b) 323, 341 and 506(I) IPC as against the petitioner.
Prayer in Crl.O.P No.24098 of 2016:
Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records and quash the proceedings in CC.4619/2011 on the file of the V Metropolitan Magistrate, Egmore, Chennai-8.
For Petitioner in Crl.O.P. : Mr.G.Thyagarajan No.20440/2015 & R.2 in Crl.O.P.No.24098 of 2016
For petitioner in Crl.O.P 24098 of 2016 and R-2 in Crl.O.P No.20440 of 2016 : No appearance
For 1st respondent in : Mr.R.Murthi both the petitions Govt. Advocate (Crl.Side)
COMMON ORDER
These petitions are filed to quash the proceedings pending in C.C.Nos. 9410 of 2014 and 4619 of 2011 on the file of V Metropolitan Magistrate, Egmore, Chennai.
Crl.O.P.No.20440 of 2015
This case came to be registered on the basis of the complaint given by one B.Raja Sudhakar, the second respondent herein. It is alleged in the complaint that the petitioner and the second respondent are brothers. They have engaged in several business activities and there is a dispute between them with regard to holding of shares. It is also alleged that the petitioner refused to give shares of the second respondent, despite several negotiations conducted in the presence of close relatives. In order to resolve the disputes between them, a compromise talk was arranged in their sister's house at Anna Nagar, Chennai on 04.09.2011 at about 3.00 p.m. The petitioner came to his sister's house for negotiation. The second respondent demanded his share and there was a quarrel between them. The petitioner pushed the second respondent on the floor and caused injuries, as a result, the second respondent sustained simple injuries. On 30.12.2013, the petitioner made criminal intimidation against him and his family members. Therefore, the second respondent has preferred a complaint.
5.Heard the learned Government Advocate (Crl.Side) and he submits that the investigating officer, after recording the statement and finding that prima facie case has been made out against the petitioner filed final report against the petitioner for the offence punishable under sections 341, 294(b), 323 and 506(ii) IPC. He further submits that there are enough materials available to proceed further with the trial of the case. Therefore, he pleads for dismissal of the petition.
Crl.O.P.No.24098 of 2016:
Consequently, connected miscellaneous petitions are closed.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
sr
To
Crl.O.P.Nos.20440 of 2015 & 24098 of 2016
gpl[co] srg 17/03/2022
B.Jaikumar
Raja Sudhakar
The State Rep by Sub Inspector of Police
G.Choondrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
