V.Shanmugaiah v. S.Vanchinathan

1 CRL.O.P.(MD)NO.1660 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1660 of 2020 & MP(MD)Nos.782 & 847 of 2020

1. Dr.V.Shanmugaiah, Assist. Professor, Dept. of Micro Biology, Madurai Kamarajar University,

2. Dr.M.Pandi, Assist. Professor, Dept. of Molecular Micro Biology, Madurai Kamarajar University,

3. Dr.Lillys Thivagar, Profession & HOD, Dept. of Mathamatics, Madurai Kamarajar University,

4. K.Arivazhagan, Superintendant, Public Relation Officer(Incharge), Madurai Kamarajar University,

5. P.Muthupandi, Clerk,Research Department, Madurai Kamarajar University,

6. J.Rajesh Kannan, CPCLR Research Department, Madurai Kamarajar University,

7. S.Ramu, CPCLR Research Department, Madurai Kamarajar University, 1/6

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8. C.Pitchai, CPCLR Research Department, Madurai Kamarajar University,

9. P.Natarajasundram, Clerk at Examination Department, Madurai Kamarajar University,

10. K.Rajendran, Clerk at Posting Department IV, Madurai Kamarajar University, Maduai.

11. M.Palpandi, Superintendant, Research Department, Madurai Kamarajar University,

12. T.Padmavathy, CPCLR Research Department, Madurai Kamarajar University,

13. C.Raja ... Petitioners/Accused Vs.

S.Vanchinathan ... Respondent/ Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned final report in S.T.C.No.5601 of 2019 on the file of the learned Judicial Magistrate No.VI, Madurai and quash the same. For Petitioners : Mr.Veerakathiravan, Senior Counsel, for M/s.Veera Associates.

For Respondent : Mr.G.Prabhu Rajadurai * * *

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in S.T.C.No.5601 of 2019 on the file of the Judicial Magistrate No.VI, Madurai.

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2. It is a private complaint instituted by the respondent against the petitioners herein for the offence under Section 500 of I.P.C. The case of the respondent is that the petitioners herein have sent a complaint against him to the Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai and also circulated the contents thereof in the University campus. In the said pamphlet circulated by the petitioners and also in the complaint given by the petitioners, the complainant has been described in highly defamatory terms. The complainant has been alleged to be having contacts with Naxalite organisations and that he is indulging in anti-national activities.

3. Even before the learned Senior counsel appearing for the petitioners would commence his arguments, I made it clear that the language employed by the petitioners herein is unacceptable. The learned Senior counsel also was fair enough to state that the petitioners expressed their unconditional regret for the employment of the offending expressions. The petitioners are withdrawing the said allegations made against the complainant. Since the petitioners have come forward to express their unconditional regret, the learned counsel appearing for the respondent on instructions of the complainant states that he is not pressing the impugned private complaint.

4. In view of the stand now taken by the complainant, I quash these impugned proceedings. I however warn the petitioners against employing such intemperate expressions when they draft their memorandum in future.

5. This criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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4 CRL.O.P.(MD)NO.1660 OF 2020 To:

1. The Judicial Magistrate No.VI,

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-20273[F] dated 16/10/2020 ) Crl.O.P.(MD)No.1660 of 2020 15.10.2020 VB (03.11.2020) 4P 4C 4/6