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2018 Supreme(Mad) 4486

N.ANAND VENKATESH
Shivaji Rao Gaikwad @ Rajinikanth – Appellant
Versus
S. Mukunchand Bothra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.D.Ravichander
For the Respondent: Mr.S.Muknnchand Bothra Rep.by its P.O.A. M.Gagan Bothra (party-in-person)

ORDER :

This Criminal Original Petition has been filed seeking to quash the Criminal Proceedings initiated by the respondent against the petitioner under Section 499 r/w 500 IPC, pending in C.C.No.1041 of 2018, on the file of the VII Metropolitan Magistrate Court, George Town, Chennai.

2. The brief facts that are necessary for the purpose of deciding this criminal original petition are :

2.1. The respondent filed a Civil Suit in C.S.No.400 of 2015, before this Court for mandatory injunction directing the petitioner herein to take action against one Kasthuri Raja, for using the petitioner’s name, without the petitioner’s consent and for other alternative/consequential reliefs. In the said suit, the petitioner filed an application in A.No.4747 of 2015, seeking to reject the plaint. In the affidavit filed in support of the application, the petitioner had made the following allegations against the respondent: “the suit has been intended to malign and defame me and extort money”. This affidavit filed by the petitioner was widely published in many newspapers and was also circulated in the media and television channels and thereby the respondent’s reputation was completely damaged in the soc

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