The verdict was given by Principal Sessions Judge K Uthirapathy who stayed the June 2011 order that was issued by the Parangipettai Judicial magistrate till Jan 19, 2012 even as Supreme Court had ordered status quo in the case in 2007.
The case against Jayalalithaa was filed by the Returning Officer of the Bhuvanagiri Assembly constituency for allegedly violating rules while filing nominations from Andipatti, Krishnagiri, Bhuvanagiri and Pudukottai constituencies ahead of the 2001 elections.
Former DMK MP C Kuppuswamy with an intention to mount more hurt had moved the Madras High Court seeking action for her attempt to file nominations from more than two constituencies. The High Court had in 2007 directed the Election Commission to file cases in relevant courts.
Jayalalithaa in her defence had moved the Supreme Court that later stayed the proceedings. However, Judicial Magistrate R Komathy had ordered issue of NBW against her for non-appearance in court in June 2011. She had stayed the NBW, but did not exempt Jayalalithaa from personal appearance.
When the case was up for hearing this week, the magistrate had insisted on Jayalalithaa's personal appearance. The AIADMK head then moved the Principal Sessions Judge in Cuddalore on Thursday, seeking a stay on the lower court order and praying for the withdrawal of the NBW.
Charlesraj, the government pleader filed a petition before the Principal Sessions Judge stating that since the Supreme Court had stayed the criminal proceedings against Jaya, requested a stay on the lower court order and sought that the NBW be withdrawn.