Madras High CourtCRL RC(MD)/453/2020dismissed

M.Imam Hussain v. N.Pushbam @ Pusbhavalli

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD) No.453 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.453 of 2020 M.Imam Hussain ... Petitioner/Petitioner Vs.

1. N.Pushbam @ Pusbhavalli

2. N.Ramachandran ... Respondents/Respondents Prayer : Criminal Revision filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order, dated 03.03.2020 in Cr.M.P.No.268 of 2020, on the file of Judicial Magistrate Court No.VI, Madurai and set aside the same. For Petitioner : Mr.J.Sulthan Basha for M/s.Ajmal Associates For Respondents : Mr.D.Sridhar

O R D E R

This Criminal Revision Case has been filed to set aside the order, dated 03.03.2020 in Cr.M.P.No.268 of 2020, on the file of Judicial Magistrate Court No.VI, Madurai, thereby, dismissing the private complaint lodged by the petitioner herein.

2. The petitioner had lodged a complaint alleging that the petitioner's name was defamed by the respondents by distributing the notice in the public, dated 15.04.2019. A perusal of the alleged pubic notice revealed that it was sent by the first petitioner herein to the Disciplinary Action Commission, Madurai. The first respondent lodged a complaint before the Disciplinary Action Commission, Madurai, alleging that the petitioner had illegally grabbed the property and to take action against him. It is seen that there is no such commission for disciplinary action to take action against the Advocate. There is only a forum for action to be taken as against an Advocate, who is a member of Bar Counsel of Tamil Nadu. It is allegedly distributed to the general public. Even assuming that the said notice was distributed among the public, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD) No.453 of 2020 allegation in the said notice never constitutes any offence attracting the offence under Sections 499 and 500 IPC. The Court below rightly dismissed the petition. This Court finds no infirmity or illegality in the order passed by the Court below.

3. Accordingly, the Criminal Revision Case is dismissed, accordingly.

Sd/- Assistant Registrar(Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To:-

1. The Judicial Magistrate Court No.VI, Madurai.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-17428[F] dated 08/04/2022 ) Crl.R.C.(MD)No.453 of 2020 07.04.2022 nsn(CO) TR(04.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2