K R SURYAKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal is directed against an interim order passed in WPMP No.29078 of 2005 dated 5.12.2005, refusing to grant interim stay of all further proceedings in a criminal case in C.C.No.7617 of 2004 pending on the file of the VI Metropolitan Magistrate, Egmore, Chennai, pending the disposal of the writ petition. While admitting the Writ Appeal, an interim stay of all further proceedings in the said criminal case was granted by another Division Bench of this Court and the sixth respondent herein was also directed to submit a status report with regard to the investigation done by him into the death of the brother of the appellant. Subsequently, status reports were filed by the sixth respondent and hence the writ petition itself was taken up for hearing along with the writ appeal, by consent of the learned senior counsel appearing for the appellant and the learned Advocate-General appearing for the respondents 1 to 7.

(2.) THE brief facts leading to the above writ petition and the writ appeal as pleaded by the appellant, are as follows:

(3.) MR.R.Viduthalai, learned Advocate General appearing for respondents 1 to 7 contended: