Madras High CourtWP(MD)/4968/2020dismissed

N.Selvaraj v. The Superintendent Of Police

2020-03-10Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.4968 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4968 of 2020 N.Selvaraj ... Petitioner Vs

1. The Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Bodi Sub-Divison, Theni District.

3. The Inspector of Police, Bodi Town Police Station, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent Nos.1 to 3 to enquire the petitioner's complaint dated 11.02.2020 and proceed with the same in accordance with law within the time stipulation as expeditious as possible as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mrs.M.Ananthadevi Govt. Advocate (Crl. Side)

ORDER

The petitioner is a Secretary of an aided and recognized educational institution. The petitioner is aggrieved by the scandalous publication made by a magazine known as Netrikkan. The petitioner has given a formal complaint before the third respondent. Since the third respondent is rather indifferent, this writ petition has been filed for mandating the third respondent to take action as per law.

2.In view of the pronouncement by the learned Hon'ble Division Bench, I am of the view that the petitioner will have to move the Jurisdictional Magistrate. Therefore, this writ petition is dismissed giving liberty to the petitioner to move the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4968 of 2020 Jurisdictional Magistrate with an appropriate complaint. It is open to the petitioner either to invoke the remedy under Section 156(3) of Cr.P.C. or under Section 200 Cr.P.C. As and when such a complaint is filed, considering the ramification of the complaint, particularly since the honour and dignity of the women teachers involved, the learned Judicial Magistrate will take immediate action thereon.

3.With this direction, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1. The Superintendent of Police, Theni District.

2. The Deputy Superintendent of Police, Bodi Sub-Divison, Theni District.

3. The Inspector of Police, Bodi Town Police Station, Theni District.

IAS TE : 18/03/2020 : 2P/4C W.P.(MD)No.4968 of 2020 10.03.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2