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State Through Inspector Of Police vs K. Malaisamy on 5 January, 2022

Bench: Ajay Rastogi, Abhay S. Oka

                                                         1

     ITEM NO.19                     Court 13 (Video Conferencing)                 SECTION II-C

                                    S U P R E M E C O U R T O F        I N D I A
                                            RECORD OF PROCEEDINGS

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 25097/2017

     (Arising out of impugned final judgment and order dated 10-06-2016
     in CRLRC(MD) No. 134/2016 passed by the High Court Of Judicature At
     Madras At Madurai)

     STATE THROUGH INSPECTOR OF POLICE, THENI DISTRICT                           Petitioner(s)

                                                             VERSUS

     K. MALAISAMY                                                                Respondent(s)


     (WITH I/R & IA 83698/2017 – C/DELAY IN FILING & IA 83701/2017 -
     EXEMPTION FROM FILING O.T.)

     Date : 05-01-2022 This matter was called on for hearing today.


     CORAM :                HON'BLE MR. JUSTICE AJAY RASTOGI
                            HON'BLE MR. JUSTICE ABHAY S. OKA


     For Petitioner(s)                    Dr.   Joseph Aristotle S., AOR
                                          Ms.   Preeti Singh, Adv.
                                          Ms.   Nupur Sharma, Adv.
                                          Mr.   Sanjeev Kumar Mahara, Adv.

     For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

The sole respondent(A-2) was charge-sheeted for the offences under Sections 403, 408, 420, 477(A), 120(B) IPC read with Sections 34 and 109 IPC along with A-1, who is the jewel appraiser of the society while the respondent(A-2) is clerk and secretary (in Signature Not Verified charge).

Charanjeet kaur Date: 2022.01.06 17:48:53 IST Reason:

Notice was issued by this Court on 11.09.2017. Service has been duly effected on the sole respondent which is revealed from  2 the order of the Registrar dated 24.07.2019. No one put in appearance on behalf of the sole respondent despite service even today.

We have heard learned counsel for the petitioner(s). The impugned order dated 10.06.2016 passed by the High Court discharging the sole respondent(A-2) from offences under Sections 403, 408, 420, 477(A), 120(B) IPC read with Sections 34 and 109 IPC in Cr.M.P.No.4738 of 2014 in C.C.No.9 of 2014 on the file of the learned Judicial Magistrate No.III, Madurai is hereby stayed and the petitioner is at liberty to proceed further against the sole respondent(A-2) in accordance with law.

(NIRMALA NEGI)                                  (BEENA JOLLY)
COURT MASTER (SH)                              COURT MASTER (NSH)