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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan, J
Janarthanan – Appellant
Versus
State Rep By Sub Inspector Of Police – Respondent
| Table of Content |
|---|
| 1. summary of facts and competing contentions regarding counter-complaints. (Para 1 , 2 , 3 , 4) |
| 2. court determination on abuse of process in counter-complaints. (Para 5 , 6) |
| 3. interpretation of s.294(b) ipc regarding public annoyance. (Para 7 , 8 , 9 , 10) |
| 4. ingredients of s.506 ipc and lack of evidence for criminal intimidation. (Para 11 , 12 , 13 , 14) |
| 5. final order quashing the criminal proceedings. (Para 15) |
ORDER :
G.K.ILANTHIRAIYAN, J.
The criminal original petition in Crl.OP.No.10954 of 2023 has been filed challenging the FIR in crime No.432 of 2022 on the file of the respondent police. The criminal original petition in Crl.OP.No.10974 of 2023 has been filed challenging the proceedings in CC.No.87 of 2023 on the file of the learned Judicial Magistrate No.II, Hosur.
2. Insofar as Crl.OP.No.10974 of 2023 is concerned, on the complaint lodged by the second respondent, the first respondent registered FIR in crime No.130 of 2022 for the offence punishable under Sections 294(b), 324 and 506 Part II of IPC on the allegation that on 03.07.2022, when the defacto complainant was proceeding to his land at about 3.30 p.m. and while he was nearing the land that belongs to th
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