Madras High Court stays criminal proceedings against Nityananda

June 08, 2010 08:59 pm | Updated 08:59 pm IST - Chennai

The Madras High Court on Tuesday stayed all criminal proceedings against self-styled god man Nityananda, arrested on criminal charges including rape, pending before a court in Tamil Nadu.

In an interim order on a petition filed by Nityananda seeking quashing of the case against him at the district munsif-cum-judicial magistrate court in Kancheepuram district, the court admitted it and issued notice to the complainant.

Justice C.T. Selvam also ordered that Nityananda’s appearance before the trial court be dispensed with.

Nityananda was embroiled in a controversy after a purported video footage showing him in a compromising position with a Tamil actress was aired on some TV channels.

In his petition, he contended that following the ‘false’ video footage aired on March 2, one K. Selvamani of Sriperumbudur had filed a complaint before the Sriperumbudur Magistrate on March 11.

The complainant had alleged that he (Nityananda) had committed an offence under IPC section 295 A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

Stating that he had not committed any offence punishable under the law, Nityananda contended that following the TV footage the media fabricated stories.

Claiming that the allegation contained in the complaint would not attract an offence under section 295 A, he said the complainant had not produced any substantive material warranting initiation of a criminal case against him.

Mere news by a private TV channel or in the print media was not a substantive evidence to take cognisance of any offence, he said, contending that the complaint had been made for publicity.

Prior sanction of the State Government was mandatory to take cognisance of an offence under section 295-A IPC. But in the present case, there was no such sanction, he said.

Taking cognisance of the complaint, the magistrate issued summons directing his appearance on April 2. Since, he could not appear, the court issued a bailable warrant on April 19. The next day, the warrant was recalled with instructions for his appearance on June 9.

In Bangalore, the Karnataka High Court adjourned to June 10 hearing of Nityananda’s bail application.

A writ petition filed by Nityananda’s counsel against freezing of bank accounts of the four trusts of which the god man is a trustee was also adjourned to June 10.

Nityananda was arrested in Solan district in Himachal Pradesh on April 21.

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