M KALYANASUNDARI Vs. A K FAZILUDDIN

JUDGEMENT

(1.) THE above two criminal miscellaneous petitions have been filed by Mrs.M.Kalyansundari and R.Srinivasan respectively, the third accused and 1st accused in C.C No.15950 of 1983 on the file of the learned Chief Metropolitan Magistrate, Madras to quash the proceedings under Sec.482, Cr.P.C.

(2.) THE first respondent in Crl.M.P.No.1426 of 1984 and the sole respondent in Crl.M.P.No. 2981 of 1984 is Dr.A.K.Faziluddin who is the complainant in the abovesaid calendar case. THE second accused V.D.Muthu is the third respondent in Crl.M.P.No.1426 of 1984. THE complainant Dr.AK.Faziluddin in both the petitions has filed a private complaint under Sec.499 read with Secs.34 and 500,I.P.C. against accused 1 to 3. THE first accused is an advocate. THE facts of the case are briefly stated as follows:

(3.) THE third accused Mrs.M.Kalyanasundari was the respondent in a civil suit filed by Dr.A.K. Zainuddin on behalf of himself and the complainant, which was pending before the learned First Assistant Judge, City Civil Court, Madras in O.S.No. 99 of 1978. THE second accused V.D.Muthu is the husband of the third accused and he represented the third accused in the suit and gave evidence for his wife. THE first accused was the counsel for the accused 2 and 3 in O.S.No.99 of 1978. THE first accused had shown a special interest more than the professional responsibility in the case, as he was very much closer to the second and third accused for whom he appeared in various cases against the complainant and his brother Dr.A.K.Zainuddin. On various occasions, the first accused has behaved in a provocative manner against the complainant with animosity and illfeeling and unbecoming of a professional.