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2020 Supreme(Mad) 930

M.S.RAMESH
V. Arulmozhi – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Senthilnathan.
For the Respondent: C. Iyyapparaj.

ORDER :

1. The brief facts of the case are as follows:

    (i) The petitioner herein is a Senior Manager of ‘Bharatiya Nabhikiya Vidyut Nigam Limited’ (hereinafter referred to as BHAVINI for the sake of brevity, clarity and convenience), which is a Government of India Enterprise. The second respondent herein, who is also an employee of BHAVINI had given a complaint before the first respondent in May 2016, primarily alleging certain irregularities of grant of promotion to one of the employees, grant of travel allowances and other service benefits, etc. The complaint came to be enquired into by the first respondent and the same was closed. As against the closure, the second respondent herein had filed a petition in C.M.P. No. 3261 of 2016 before the learned Judicial Magistrate, Thirukazhikundram under Section 156(3) Cr.P.C. which came to be allowed on 06.09.2016 directing the first respondent to register a case, investigate and file a report before the Court. Aggrieved against the order of the learned Judicial Magistrate, Thirukazhikundram, a quash petition came to be filed by the petitioner in Crl. O.P. No. 22431 of 2016. Ultimately, when the quash petition was taken up for consideration,

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