Sudha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11156 of 2021 Sudha ... Petitioner .vs.
1.The State rep.by The Joint Commissioner of Police (East), Egmore, Chennai.
2.Inspector of Police, Cyber Crime, Office of Commissioner of Police, Chennai. ... Respondents Prayer:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the complaint dt.01.02.2021 on the file of the 1st respondent to any other independent investigation agency.
For Petitioner : Mr.N.Baaskaran For Respondents : Mr.E.Raj Thilak Government Advocate (Crl.side)
ORDER
This Criminal Original Petition is filed seeking a direction to transfer the complaint dt.01.02.2021, from the file of the 1st respondent to any other independent investigation agency.
2.On a perusal of the complaint, it is seen that the petitioner is an advocate and she was the President of Tamil Nadu Mahila Congress Committee. She had lodged a complaint to the Joint Commissioner of Police, Chennai, stating that offensive anonymous e-mails were sent to the party head Office at New Delhi defaming her and requested to find out the person who had sent such e-mails. It is stated that she had forwarded the said e-mails to the Joint Commissioner of Police, Egmore and preferred a complaint on 01.02.2021, before the 1st respondent https://hcservices.ecourts.gov.in/hcservices/
and the same was forwarded to the 2nd respondent. Since, no action taken on her complaint, she has filed this petition. 3.The learned Government Advocate (Crl. side) appearing for the respondents submits that on the complaint of the petitioner to the 1st respondent, CSR No.59 of 2021 was assigned and thereafter, the documents filed along with the complaint were verified. He further submits that on verification of the complaint, it reveals that the issue comes under the purview of Section 499 and 500 IPC and hence, the petitioner's complaint was closed on 13.07.2021 and the same had been informed to the petitioner.
4.Considering the submissions and on a perusal of the materials, it is seen that the petitioner is a public personality, who is holding a high post in a national party, and it is natural, some disgruntled people to tarnish her reputation, have sent such false and frivolous messages on intra party dispute. On the petitioner's complaint in CSR No.59 of 2021 was enquired and closed on 13.07.2021. In view of the above, the petitioner is given liberty to work out her remedy before the competent court by way of filing a protest petition. 5.This criminal original petition is disposed of with the above directions.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kp To
1. The Joint Commissioner of Police (East), Egmore, Chennai.
2.The Inspector of Police, Cyber Crime, Office of Commissioner of Police, Chennai.
3.The Public Prosecutor, High Court, Chennai.
+1cc to Mr.N.Baaskaran, Advocate Sr.33415 CRL.O.P.No.11156 of 2021 gpl[co] srg 18/08/2021 https://hcservices.ecourts.gov.in/hcservices/