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R.S. Ramadass vs The Inspector Of Police on 16 July, 2024

Bench: M.M. Sundresh, Aravind Kumar

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                                     IN THE SUPREME COURT OF INDIA

                                     CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPEAL NO.2951/2024
                                      [@ SLP [CRL] NO.14818/2023]


                         R.S. RAMADASS                              Appellant(s)

                                                 VERSUS

                         THE INSPECTOR OF POLICE & ANR.              Respondent(s)


                                               O R D E R

Leave granted.

The impugned judgment is sought to be predicated on the ground that finality has been attained by way of the dismissal of the suit filed by respondent No.2 in O.S. No.8172/2018, apart from an Award being passed inter se the parties.

We have also gone through issue No.2 framed in the suit. After framing the said suit, the trial Court gave a categorical finding that respondent No.2 being the plaintiff has miserably failed to establish the allegations made to the effect that the appellant has started a new company with the same name and has caused loss to respondent No.2.

In such view of the matter, we are inclined that continuing the proceedings before the criminal Court Signature Not Verified Digitally signed by rashmi dhyani pant Date: 2024.07.18 would be an abuse of process.

Reason:

Accordingly, the impugned order is set aside and the appeal stands allowed.

Consequently, the pending proceedings in C.C. No.117/2019, pending on the file of Judicial Magistrate No.I, Madurai stand quashed.

……………………………………..J. [M.M. SUNDRESH] ……………………………………..J. [ARAVIND KUMAR] NEW DELHI;

JULY 16, 2024.

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ITEM NO.22               COURT NO.13                 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

Petition(s) for Special Leave to Appeal (Crl.)    No(s).    14818/2023

(Arising out of impugned final judgment and order dated 15-09-2023 in CRLOP(MD) No. 19218/2019 passed by the High Court Of Judicature At Madras At Madurai) R.S. RAMADASS Petitioner(s) VERSUS THE INSPECTOR OF POLICE & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.235866/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.235867/2023-EXEMPTION FROM FILING O.T. ) Date : 16-07-2024 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv.

Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv. Mr. R. Sudhakaran, Adv.

Mr. Bilal Mansoor, Adv.

Mr. Shreyas Kaushal, Adv. Mr. S. Geyolin Selvam, Adv.

For Respondent(s) Mr. Amit Anand Tiwari Sr. Advocate, A.A.G. Mr. M.F. Philip, Adv.

Ms. Purnima Krishna, AOR Mr. Karamveer Singh Yadav, Adv.

Mr. Shailesh Madiyal, Sr. Adv. Mr. Mahesh Thakur, AOR Mr. Vaibhav Sabharwal, Adv. Mrs. Rakhi M, Adv.

Mrs. Geetanjali Bedi, Adv. Mr. Ranvijay Singh Chandel, Adv. Ms. Divija Mahajan, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is allowed in terms of the signed order.

Pending applications stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]