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2024 Supreme(Online)(MAD) 37216

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
Sekar @ Gnanasekar – Appellant
Versus
The Inspector of Police – Respondent


ORDER

This Criminal Original Petition has been filed, invoking Section 528 of B.N.S.S., seeking orders, to call for the records pertaining to the proceedings in C.C.No.162 of 2012 on the file of the learned Judicial Magistrate No.III, Nagercoil and quash the same is so far as the petitioner is concerned.

2. The case of the prosecution is that there arose dispute between the petitioners and the defacto complainant with regard to the compound wall; that on 17.08.2011 at about 09.00 am, the petitioners and others had attaked the defacto complainant with wooden log and caused criminal intimidation.

3.On the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No.272 of 2011 for the alleged offences under Sections 323 and 506(ii) IPC and after completing the investigation, final report came to be filed and the case was taken on file in C.C.No.162 of 2012 and the same is pending on the file of the learned Judicial Magistrate No.III, Nagercoil.

4.The main contention of the petitioners is that the FIR as well as the charge sheet does not attract the offence, with which the petitioners were charged; that there are no specific allegations and that there are

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