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2009 Supreme(Mad) 3399

ELIPE DHARMA RAO, S.TAMILVANAN
Marshall Sons & Co. (Mfg. ) Ltd. – Appellant
Versus
Jayanth Bhattacharjee – Respondent


Advocates Appeared:
For the Petitioner:V. Srikanth for R. Venkatavaradan, Advocates.
For the Respondent:Shivakumar, Advocate.

Judgment

Elipe Dharma Rao, J.

1. The appellant herein has lodged a Private Complaint as against the respondent and another before the 11th Metropolitan Magistrate, Kolkata for the offences under Sections 108 and 120-B, IPC and the same was taken on file by the learned Magistrate in Case No.C/4725/05.

2. While so, the second accused therein, the respondent herein, has come forward to file Writ Petition No.30760 of 2005 before this Court, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution, praying to quash the said Criminal case. Along with the Writ Petition, the writ petitioner i.e. the respondent herein has filed W.P.M.P.No.33712 of 2005 to grant an order to stay of all further proceedings in case No.C/4725/05 pending before the learned 11th Metropolitan Magistrate, Kolkata and a learned Single Judge of this Court has granted an order of interim stay on 29. 2005 on the ground that a part of cause of action has arisen at Chennai as the office of the complainant is situated at No.33, Industrial Estate, Ambattur, Chennai-58. Thereupon, the appellant herein, who is the respondent in the Writ Petition and the complainant before the Criminal Court,












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