Mr.K.Dhanush v. Mr.S.Manivannan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.18992 of 2015 and M.P.Nos.1 & 2 of 2015 1.K.Dhanush 2.Vertimaaran 3.M.Manikandan 4.Ishwarya Rajesh

...Petitioners

-VsS.Manivannan

...Respondent

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.2122 of 2015 and quash the same pending on the file of the Learned chief Metropolitan Magistrate Court at Egmore For Petitioners : Mr.P.Palaninathan For Respondent : Mr.S.Namo Narayanan

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.2122 of 2015 pending on the file of the learned Chief Metropolitan Magistrate Court, Egmore.

2. The petitioners have been added as an accused by the respondent who has filed the private complaint for an offence under Sections 294(b), 499, 504 & 505 of IPC. The complaint has been filed only on the ground that the movie name "Kaaka Muttai, the following words were uttered against the character who acted as an Advocate.

.........(Bawd), ",Jtiu g[L';fdJf;F me;j "

ghLf;F Ciu Vkhj;jp rk;khjpf;fpwnj ntiyahnghr;R "

"

Again derogatory remarks continue that "vr;r nrhW".........

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3. The learned counsel for the petitioners would submit that these imputations have been made by a old lady as against one of the character in the movie and the same cannot be taken to be a imputation as against the entire community of advocates.

4. This Court is of the considered view that the respondent made a hyper sensitive approach in this case. The respondent should have confined the above said dialogue to the character which comes in the movie. It is the respondent's imagination that the above said dialogue will apply to the entire advocate community. This understanding of the dialogue by the respondent is completely unwarranted. The entire complaint seems to have been filed only for a publicity. The allegation in the complaint does not make out any offence against the petitioners and therefore, the proceedings will have to be interfered by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

5. In the result, the proceedings of the C.C.No.2122 of 2015 on the file of the Learned Chief Metropolitan Magistrate Court at Egmore, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently connected miscellaneous petitions are closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar jen/rka To The Chief Metropolitan Magistrate Court, Egmore.

+1 cc to Mr.K.Mariappan, Advocate Sr.No.86144 Crl.O.P.No.18992 of 2015 CSL/27.12.2018 https://hcservices.ecourts.gov.in/hcservices/