A.M.Sugantharanathan v. The Medical Council Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION (MD) Nos.12163 & 11494 of 2018 & Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 and Crl.M.P(MD).Nos. 5522 & 5212 of 2018 & Crl.M.P.Nos.2963 of 2019 & 4091 of 2021 S.VE.SHEKHER [PETITIONER/SOLE ACCUSED IN Crl.O.P.(MD)NOS.12163 & 11494/2018 & CRL.MP(MD) Nos.5212 & 5522/2018 & CRL.O.P.NO.5099/2019 AND CRL.M.P.Nos.2963/2019 CRL.O.P.No.6211/2021 & CRL.M.P.No.4091/2021] Vs DALIT PANDIYAN [RESPONDENT/COMPLAINANT IN Crl.O.P.(MD)NOS.12163/2018 & CRL.MP(MD) No.5522/2018 AL.GOPALASASMY [RESPONDENT/COMPLAINANT S/O.AIYASAMY, IN Crl.O.P.(MD)NOS.11494/2018] PRESIDENT, & CRL.MP(MD) No.5212/2018 NELLAIPATHIRIKAIYALR MANTRAM, S.SEKARAN [RESPONDENT/COMPLAINANT SON OF P.SURULIMANI AND CRL.M.P.No.

2963/2019 ADVISOR FOR TIRUVALLUR DISTRICT IN CRL.O.P.NO.5099/2019] TAMIL NADU REPORTER PRESS PROTECTION WELFARE, 1 THE INSPECTOR OF POLICE [RESPONDENTS IN CYBER CRIME CELL, CENTRAL CRIME BRANCH, CRL.O.P.NO.6211 /2021 NO.132, COMMISSIONER OFFICE BUILDING, CRL.M.P.No.4091/2021] EVK SAMPATH ROAD, VEPERY, PERIYAMET, CHENNAI-600 007.

2 A.MIDHAR MOIDEEN S/O.ABDUL RAHMAN, STATE GENERAL SECRETARY, TAMILNADU JOURNALIST PROTECTION AND WELFARE ASSOCIATION, NO.96, ANBU NAGAR, 7TH STREET, VALASARAWAKKAM, CHENNAI-87.

Petition praying that in the circumstances stated therein the High Court will be pleased (i) To pass an order to call for the records C.C.No.223 of 2018 on the file of the file of Judicial Magistrate No.II, Karur, and quash the same. (Crl.O.P.(MD)NO.12163/2018) (ii) To pass an order to call for the records C.C.No.154 of 2018 on the file of the file of Judicial Magistrate No.I, Tirunelveli, and quash the same. (Crl.O.P.(MD)NO.11494/2018) (iii) To Call for the records in S.T.C.No.276 of 2018 pending on the file of the learned Judicial Magistrate Court at Ambattur and may be pleased to quash the same as against the petitioner. [CRL.OP.NO.5099/2019] (iv) To Call for the records in C.C.No.

62 of 2019 on the file of the Learned Assistant Sessions Judge, Special Court for Trial of Cases Relating to MPs and MLAs Chennai-1 and to quash the same as against the petitioner. [IN CRL.OP.NO.6211/2021] (v) To Stay all further proceedings C.C.No.154 of 2018 on the file of the file of Judicial Magistrate No.I, Tirunelveli, pending disposal of the above Quash petition Crl.O.P.(MD)NO.11494/2018. (CRL.MP(MD) No.5212/2018) (vi) To Stay all further proceedings C.C.No.223 of 2018 on the file of the file of Judicial Magistrate No.II, Karur, pending disposal of the above Quash petition Crl.O.P.(MD)NO.12163/2018. (CRL.MP(MD) No.5522/2018) (vii) To stay all further proceedings in S.T.C.No.276 of 2018 on the file of the Learned Judicial Magistrate Court at Ambattur, pending disposal of the above Crl.OP.No.5099/2019. [CRL.MP.NO.

2963/2019] (viii) To Stay all further proceedings in C.C.No.62 of 2019 on the file of the Learned Assistant Sessions Judge, Special Court for Trial of Cases Relating to MPs and MLAs Chennai-1, pending disposal of the above Crl.O.P.No.6211/2021. (CRL.M.P.NO.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of MR.AR.JEYA RHUTHRAN, Advocate for the petitioner, (Crl.O.P.(MD)NOS.12163 & 11494/2018 & CRL.MP(MD) Nos.5212,5522/2018) and of M/S.VENKATESH MAHADEVAN, Advocate for the petitioner, (CRL.O.P.NO.5099/2019 AND CRL.M.P.Nos.2963/2019) AND (CRL.O.P.NO.6211/2021 & CRL.M.P.NO.4091/2021) and of NO APPEARANCE on behalf of the Respondent, (Crl.O.P.(MD)NOS.12163/2018) and of MR.MANIKANDAN, Advocate for MR.T.LAJAPATHY ROY, on half of the Respondent, (Crl.O.P. (MD)NOS.11494/2018) in M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor, on behalf of the 1st Respondent, (CRL.O.P.NO.6211/2021 and CRL.M.P.NO.

4091/2021) the court made the following order:- Learned counsel for the petitioner seeks time and he once again reiterates that the petitioner had only forwarded the message sent by one Thirumalai SA @ Thirumalaisaminathan, who is an Indian, now presently residing in U.S.A at Bay Area, California. Learned counsel further submits that the petitioner undertakes to appear before the respondent to give all the details with regard to the original author of the message and is also ready to file an affidavit with regard to the same before this Court.

2. Interim stay already granted by this Court is extended for a period of two weeks. Meanwhile, the petitioner is directed to appear before the respondent on 02.04.2022 and furnish all the details with regard to the original author and source of the message which was forwarded by him.

3. List the matter after two weeks.

-sd/- 25/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE KARUR. [FOR INFORMATION] 3 THE JUDICIAL MAGISTRATE, NO.I, TIRUNELVELI.

4 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. [FOR INFORMATION] 5 THE JUDICIAL MAGISTRATE, AMBATTUR, THIRUVALLUR DISTRICT.

6 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 7 THE ASSISTANT SESSIONS JUDGE, SPECIAL COURT FOR TRIAL OF CASES RELATING TO MPS AND MLAS, SINGARAVELAR MALIGAI, CHENNAI 8 THE INSPECTOR OF POLICE CYBER CRIME CELL, CENTRAL CRIME BRANCH, NO.

132, COMMISSIONER OFFICE BUILDING, EVK SAMPATH ROAD, VEPERY, PERIYAMET, CHENNAI-600 007.

9 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to MR.AR.JEYA RHUTHRAN, Advocate on payment of necessary charges Crl.O.P(MD).Nos.12163 & 11494 of 2018 & Crl.O.P.Nos.5099 of 2019 & 6211 of 2021 and Crl.M.P(MD).Nos. 5522 & 5212 of 2018 & Crl.M.P.Nos.2963 of 2019 & 4091 of 2021 Date :25/03/2022 JPA 29/03/2022