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2024 Supreme(Online)(MAD) 5157

HIGH COURT OF MADRAS
T.V.THAMILSELVI, J
M.ASHOK KUMAR – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent


O R D E R

The petitioner has filed this petition to call for the records in C.C.No.186 of 2020 pending on the file of the Judicial Magistrate Court I, 1\4 Tambaram, in which cognizance was taken for the offence punishable under Sections 294(b), 341, 323 IPC.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours, in respect of laying road there was a wordy quarrel among them, due to which the above said complaint was lodged against the petitioner in Crime No.970 of 2019 on the file of the 1st respondent.

3. The petitioner / A2 / party in person appeared before this Court and stated that the learned Magistrate has not taken cognizance of the matter within six months from the date of arrest, therefore the proceedings in C.C.No.186 of 2020 is an abuse of process of law. Further, he also submitted that to attract Sections 294(b), 341 &323 there is no ingredient as per the charges framed by the prosecution and there is no specification of the words stated to be used by him. He further submitted that against the defacto complainant the petitioner has already lodged a complaint in Crime No.961 of 2019, as a counter blast the defacto complainant has l

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