SEKAR REPORTER

Court News from Madras High Court

Coram:THE HONOURABLE DR.JUSTICE G.JAYACHANDRANCrl.O.P.No.10011 of 2024&Crl.M.P.Nos.6874 & 6875 of 2024H.Raja .. Petitioner/

by ·

For Petitioner :Mr.N.Anantha Padmanabhan,
Senior Counsel for
Mr.M.Ramamoorthi
For Respondents :Mr.K.M.D.Muhilan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:29.04.2024
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.10011 of 2024
&
Crl.M.P.Nos.6874 & 6875 of 2024
H.Raja .. Petitioner
/versus/
1.State rep.by Inspector of Police, Erode Town Police Station, Erode District.
(Cr.No.848/2018)
2.Selvaraj
State Welfare Committee Secretary,
Dravida Munnertra Kazhagam,
Nallanthozuvu, Modakurichi Taluk,
Erode District. .. Respondents
Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.3 of 2024 pending on the file of the Honourable Additional Special Court for Trial of Criminal Cases related to elected Members of Parliament and Members of Legislative Assembly, Tamil Nadu at Chennai and quash the same.
For Petitioner :Mr.N.Anantha Padmanabhan,
Senior Counsel for
Mr.M.Ramamoorthi
For Respondents :Mr.K.M.D.Muhilan,

Govt. Advocate (Crl.Side), for R1

ORDER
This petition to quash the complaint taken cognizance by the trial
Court for the offence under Sections 153, 504 and 509 of IPC by the
Judicial Magistrate No.II, Erode, transferred to the Additional Special Court for Trial of Criminal Cases relating to MP/MLA’s Chennai in C.C.No.3 of 2024.

  1. A derogative statement against a political party leader was posted through his twitter and the same has been seen by some of the members of the party and they have set criminal law into motion. Out of 7 witnesses, four witnesses have already been examined.
  2. Earlier, this petitioner approached this Court to quash the case. Whereas, this Court, vide, order dated 29.08.2023 dismissed the petition directing the Special Court for MP/MLA Cases, to complete the proceedings, within a period of three months. Thereafter, the trial has commenced and at this juncture, this petition to quash is filed again. The perusal of the petition to quash is purely on factual aspects or the grounds, which are already canvassed in the earlier quash petition.
    Hence, this Court finds no merits in this petition.
  3. In the result, this Criminal Original Petition is dismissed.
    Consequently, connected Miscellaneous Petitions are also dismissed.
    29.04.2024
    Index:yes/no
    Speaking order/non speaking order
    Neutral citation:yes/no ari
    To:
    The Additional Special Court for Trial of Criminal Cases related to elected Members of Parliament and Members of Legislative Assembly, Tamil Nadu at Chennai
    DR.G.JAYACHANDRAN,J.
    ari
    Crl.O.P.No.10011 of 2024
    &
    Crl.M.P.Nos.6874 & 6875 of 2024
    29.04.2024

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