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2001 Supreme(Mad) 497

M.KARPAGAVINAYAGAM
Smt. Dr. Nagarathinam – Appellant
Versus
M. Kalirajan – Respondent


Appearing Advocates:For the Petitioner:Mrs. Vijayakumari Natarajan, Advocate. For the Respondent:O. Venkatachalam, A. Packiaraj, R. Shanmugasundaram, Advocates.

Judgment :-

Before pronouncing the order in this application for quashing on merits, this Court cannot but record a note of anguish over the conduct of Mr. O. Venkatachalam, the learned counsel appearing for the respondent.

The details leading to the above observation are given under.

M. Kalirajan, the respondent herein filed a complaint on 22-10-1998 in C.C. No. 455 of 1999 before the Judicial Magistrate No. 7, Madurai against Tmt. Nagarathinam, the petitioner herein, the retired Chief Doctor as Head of the Department of Obstetrics and Gynecology in Government Rajaji Hospital at Madurai, stating that she committed the offence of defamation under S. 500, I.P.C. by sending the lawyer notice containing the defamatory remarks.

On receipt of summons, the said Tmt. Dr. Nagarathinam filed this petition under S. 482, Cr. P.C. in Crl. O.P. No. 6815 of 1999 for quashing the above proceeding and the same was entertained and stay and notice was ordered by this Court on 8-6-1999. On service of notice in this application, the respondent/complainant filed a counter on 1-10-1999 praying for the dismissal of the above quashing application along with a petition in Cr. M.P. No. 8724 of 1999 requesti










































































































































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