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MADRAS HIGH COURT
G.R.SWAMINATHAN, J
AVUDAIAPPAN – Appellant
Versus
THE SUB INSPECTOR OF POLICE – Respondent


ORDER

The petitioners herein stand accused in C.C.No.102 of 2015 on the file of the Judicial Magistrate, Sathankulam.

2. The second respondent herein, namely, Kathirvel is the defacto complainant. The second respondent lodged a complaint before Sathankulam police station against the petitioners herein leading to registration of Crime No.373 of 2014. Investigation was taken up and final report was filed. Cognizance of the offences under Sections 448, 294(b) and 506(ii) of I.P.C. was taken. To quash the impugned proceedings, this criminal original petition has been filed.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the first respondent and the learned counsel appearing for the defacto complainant.

4. The case of the prosecution is that there is a civil dispute regarding a common wall between the defacto complainant Kathirvel and the first petitioner Avudaiyappan. Kathirvel had filed a civil suit against the first petitioner and had obtained an interim order of injunction. The defacto complainant would allege that on 16.09.2014 at about 08.00 a.m., the accused barged into the house and abused him with filthy langua

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