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2009 Supreme(Mad) 5374

K.MOHAN RAM
R. Ramesh – Appellant
Versus
State by Inspector of Police – Respondent


Advocates appeared:
For Petitioner:Mr.S. Samule Raja Pandian, Advocate.
For Respondent:Mr.I. Paul Noble Devakumar, Govt. Advocate (Crl.side).

Judgment

The petitioner herein, who is the accused in C.C.No.252 of 2005 on the file of the Judicial Magistrate, Kallakurichi, wherein he is facing trial for the alleged offence under Sections 294 B and 506(ii) I.P.C., has filed the above Crl.O.P. seeking to quash all further proceedings therein.

2. In the charge sheet filed by the respondent against the petitioner herein, it is stated that at about 8 pm. on 9. 2005 the accused uttered the following words to the defacto complainant, namely,

TAMIL

3. The aforesaid utterences, according to the respondent attracts the ingredients of the offences under Sections 294B and 506(i) I.P.C.

4. Heard both.

5. The learned counsel for the petitioner by basing reliance on the following decisions reported in K. Jayaramanuju vs. Janakaraj & another (1996 (I) CTC 470) and Noble Mohandass vs. State (1988 (2) MWN (Cr) 184) submitted that the said utterences alleged to have been made by the accused will not attract the ingredients of the offences under Sections 294B and 506(ii) I.P.C.

6. On the aforesaid submissions, the learned Govt. Advocate was heard, who is unable to repel the contentions put forth by the learned counsel for the petitioner.










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