High CourtsSingle Bench(2023) 08 MAD CK 0149

Kannan And Others vs State

Madras High Court · Decided on 29 August 2023

HON’BLE JUDGES
Dr D.Nagarjun, J
CASE NUMBER
Criminal Original Petition (MD) No. 15071 Of 2023 & Criminal Original Petition (MD) No. 15543 Of 2023

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Judgment

5 paragraphs · 218 words

Dr. D. Nagarjun, J

1.

This Criminal Original Petition is filed seeking quashment of  C.C.No.192 of 2023 registered against the petitioners on the file of the learned Judicial Magistrate No.1, Trichy District, for the offence punishable under Sections 294(b), 506(1) and 507 IPC and Section 66(A) of the Information Technology Act, 2000.

2.

It is submitted by the learned counsel appearing for the petitioners that Section 66(A) has already been struck off by the Hon'ble Apex Court, even though the charge sheet is filed alleging that the petitioners have committed the offence under Section 66(A) IPC and the cognizance was alleged to have been taken. It is also submitted that initially, on a complaint given by the defacto complainant, the Police have registered the same as C.S.R.No.591 of 2019 and after due enquiry, the said complaint was closed. It is also submitted that when the defacto complainant has filed the earlier complaint, he has not mentioned any name including the names of the petitioner. However, after one month, another complaint was filed on 24.12.2019 mentioning the names of the petitioner by making lot of improvements.

3.

In view of the above, issue notice to the second respondent. Private notice is also permitted.

4.

Post the matter on 19.09.2023. Until then, the proceedings before the trial Court are stayed.