M P RANJIT Vs. S HARSHAVARDHAN

JUDGEMENT

(1.) THE appellant-M.P.Ranjit filed Application No.4023 of 2004 (in Civil Suit No.396 of 2004) before the Original Side of this Court, to initiate action against the respondent-S.Harshavardhan, Chairman, EIKON Academy, under Sections 191, 192, 193, 196, 197, 199 and 200 Indian Penal Code (for short, 'IPC') read with Sections 195 and 340 of the Code of Criminal Procedure (for short, 'Cr.P.C').

(2.) LEARNED single Judge, by the impugned order dated 9.11.2005 (in the said Application No.4023 of 2004), while closing the said Application, noticed the order as was passed on 1.7.2004 (in C.S.No.396 of 2004), whereby and whereunder, the Court gave a full and complete liberty to the applicant (appellant in this OSA/defendant), to take suitable and proper action against the respondent (respondent in this OSA/plaintiff), either in civil or criminal, also observed that in view of the liberty given as above, it is always open to the applicant (appellant herein) to take appropriate criminal action, if it is so advised and establish the same before the appropriate forum.

(3.) LEARNED counsel appearing on behalf of the appellant (defendant in C.S.No.396 of 2004) submitted that the appellant preferred a complaint/FIR before Kotturpuram J.4 Police Station against the respondent herein, under Sections 471 read with Sections 466, 468 and 472 IPC and the said FIR had been registered as Cr.No.440 of 2004. It is further submitted that the respondent herein was arrested by J.4 Police, on 9.7.2004 and subsequently, he has also been enlarged on bail, by order dated 14.7.2004 passed by IX Metropolitan Magistrate, Saidapet.