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2024 Supreme(SC) 150

VIKRAM NATH, SATISH CHANDRA SHARMA
N. Manogar – Appellant
Versus
Inspector of Police – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. Nagamuthu, Sr. Adv. Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. R. Sudhakaran, Adv. Mr. T. Hari Hara Sudhan, Adv. Ms. Shalini Mishra, Adv. Mr. Bilal Mansoor, Adv. Mr. Shreyas Kaushal, Adv. Mr. P.V.K. Deivendran, Adv.
For the Respondent(s): Mr. V. Krishnamurthy, Sr. AAG Mr. D. Kumanan, AOR Ms. Deepa S., Adv. Mr. Veshal Tyagi, Adv. Mr. Chandan Kumar, AOR Mr. Madhu Prakash, Adv. Mr. P. Soma Sundaram, AOR

ORDER :

1. Leave granted.

2. The present appeal has been filed by the Appellants assailing the correctness of a decision of the Madras High Court (the “High Court”) dated 13.09.2021, setting aside an order dated 24.10.2019 passed by the Ld. XIV Metropolitan Magistrate, Egmore, Chennai (the “Trial Court”) whereunder, the Trial Court rejected the application instituted by the Complainant under Section 216 read with Section 319 of the Code of Criminal Procedure, 1973 (the “Cr.P.C.”) seeking (i) the summoning of and (ii) the impleadment of the Appellants as accused persons in connection with Case Crime No. 7243 of 2018 under Sections 452, 294(b), 323 and 506(1) of the Indian Penal Code, 1860 (the “IPC”) (the “Impugned Order”).

3. The brief facts culled out of the record are as follows:

    3.1. Pursuant to an order of the High Court dated 24.01.2018, Respondent No. 1 registered a First Information Report (“FIR”) dated 20.04.2018 under Sections 448, 294(b), 323 and 506(1) of the IPC pursuant to a complaint lodged by Respondent No. 2 i.e. the Complainant whereunder it was alleged that, Respondent No. 3 came to the Complainant’s home asking about one Vidhul i.e. the Complainant’s son. Upon being

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