Madras High Court
R.P.S.Kartheesan vs K.R.Nanthakumar on 23 February, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD).No.826 of 2013 R.P.S.Kartheesan . . . Petitioner/Complainant Vs. 1.K.R.Nanthakumar State General Secretary, Tamil Nadu Nursery Primary Matriculation Higher Secondary School Association, No.49, Old Post Office Street, Korattur Post, Chennai-80. 2.Rajeswari President, W/O.Rajeswaran, Jaya Rajesh Matriculation Higher Secondary School, Thisayanvilai, Tirunelveli District.. . . Respondents/Accused Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C against the order made in Cr.M.P.No.6696 of 2012 on the file of the Judicial Magistrate, Nanguneri, dated 05.10.2012 and set aside the order. !For petitioner :Mr.J.C.Rathnavel Pandian ^For respondents :Mr.N.R.Prabhu for R-2 :ORDER
The revision petitioner is the private complainant and he filed Cr.M.P.No.6696 of 2012 on the file of the Court of the learned Judicial Magistrate, Nanguneri, to take the private complaint on file against the respondents for the alleged commission of offences under Sections 108, 120-B, 419, 500 and 506(i) of I.P.C.
2.The trial Court, after recording the sworn statement of the revision petitioner/complainant, had dismissed the same vide order dated 05.10.2012 and aggrieved by the same, he has filed this criminal revision case.
3.The learned counsel appearing for the petitioner would submit that Tamil Nadu Nursery, Primary Matriculation Higher Secondary Schools Association, Chennai-80 sent a legal notice dated 09.03.2012 to the petitioner herein alleging among other things, that though none of his relatives are studying in the school namely Jeya Rajesh Matriculation Higher Secondary School, Thisayanvilai, Tirunelveli District, he is distributing pamphlets threatening to conduct agitations, sending false complaints to various higher officials alleging falsehood in respect of running of this Institution. In respect of the same, the President of the said school namely Rajeswari has also given a complaint to the Inspector of Police, Thisayanvilai Police Station and on the basis of which, a case has been registered in Cr.No.50 of 2012 under Sections 147, 341, 294(b), 510, 501, 504, 447, 384 and 571 of I.P.C and the same is pending adjudication.
4.It is further stated in the legal notice that the petitioner shall not indulge in such activities in future, failing which, the Office Bearers of the said Association would conduct demonstration before his house and individual cases would also be filed against him. The said notice would contain the averments that the petitioner shall not roam around the school armed with knife, pistol or bomb and also shall not threaten either in person or through telephone, failing which, appropriate action would be taken. The copies of the same has been forwarded to the Honourable Chief Minister's Cell, the District Collector, Tirunelveli District, the Superintendent of Police, Tirunelveli District, Director of Matriculation Schools, Inspector of Matriculation School with copies marked to the Correspondent of the above said school also.
5.The petitioner has filed the private complaint alleging that the averments made in the said petition would constitute offences, as the act of the first respondent in sending the notice with such kind of allegations and by doing this, the first respondent, the General Secretary namely R.Nandakumar, who also claims to be an Advocate, has committed the above said offences.
6.The learned counsel appearing for the revision petitioner has drawn the attention of the Court to the contents of the private complaint and the impugned order and would submit that the contents of the legal notice dated 09.03.2012 prima facie constitute the commission of offence and though the sworn statement of the petitioner has also disclosed the commission of the said offence, the Lower Court, without assigning proper and sufficient reasons, has dismissed the complaint under Section 203 of Cr.P.C and hence, prays for interference.
7.Per contra, the learned counsel appearing for the respondents would contend that the petitioner is repeatedly sending complaints and representations to various officials making false and defamatory allegations and in this regard, the second respondent has already given a complaint to the Inspector of Police, Thisayanvilai Police Station and on the basis of which, a case has been registered against the petitioner in Cr.No.50 of 2012 under Sections 147, 341, 294(b), 510, 501, 504, 447, 384 and 571 of I.P.C and the same is pending investigation. Alleging falsehood in respect of running of the Institution, the petitioner has also given a private complaint in C.C.No.235 of 2011 on the file of the Court of the learned Judicial Magistrate, Nanguneri and he also filed a Civil suit in O.S.No.249 of 2010 on the file of the Principal District Munsif Court, Valliyoor making the very same allegations and the same is pending. During pendency of the said proceedings, the petitioner continues to indulge in such kind of activities, which necessitated the Association to make the legal notice. The Lower Court, on going through the sworn statement and ingredients of the complaint has rightly dismissed the complaint and hence, prayed for dismissal of this Criminal Revision case also.
8.This Court paid its best attention to the rival submissions and perused the materials produced in the form of typed set of documents by either side.
9.A perusal of the typed set of documents would disclose that the second respondent lodged a complaint on the file of the Thisayanvilai Police Station against the petitioner and on the basis of which, a case has been registered in Cr.No.50 of 2012 and the same is pending investigation. That being so, the petitioner also filed a private complaint in C.C.No.235 of 2011 on the file of the Court of the learned Judicial Magistrate, Nanguneri against the Correspondent as well as the Principal of the School alleging commission of offence under Sections 417, 465, 466, 468, 506(i) I.P.C and the said complaint was also dismissed on 18.07.2012 under Section 203 Cr.P.C and the petitioner herein also filed a civil suit O.S.No.249 of 2010 on the file of the Principal District Munsif court, Valliyoor against the Correspondent, Principal of the School in question as well as the Director and Inspector of Matriculation Schools, making certain allegations against them and prayed for the relief of cancellation of the recognition granted to the School with a further relief of directing the school to collect the school fees as per the prescribed norms fixed by the Government and for further declaration that the defendants 1 & 2/ second respondent herein is running the school against the prescribed norms.
10.The grievance expressed by the respondents is that in spite of filing of a civil suit in O.S.No.239 of 2010, for comprehensive relief, which is pending, the petitioner is making complaints and representations against the school, which necessitated them to send a legal notice to the petitioner.
11.This Court, on going through the materials placed before it, is of the prima facie view that the reasons assigned by the lower court for dismissing the private complaint under Section 203 of Cr.P.C are in order, warrant no interference. No doubt, it is open to the petitioner herein to espouse a public cause. In this regard, he has filed a civil suit in O.S.No.249 of 2010 on the file of the Court of the Principal District Munsif, Valliyoor and the irregularity if any committed by the second respondent, would definitely be gone into in the said civil suit. It is also pertinent to point out that the petitioner also filed a private complaint in C.C.No.235 of 2011 on the file of the Court of Judicial Magistrate, Nanguneri against the Correspondent as well as Principal of the School alleging commission of offence under Sections 417, 465, 466, 468, 506(i) I.P.C and the said complaint was also dismissed on 18.07.2012 under Section 203 Cr.P.C. In the light of the said materials, this Court is unable to find out any infirmity in the order of the lower Court.
12.In the result, this Court finds no merits in this revision and therefore, this Criminal Revision Case is dismissed, by confirming the order of the lower Court made in Cr.M.P.No.6696 of 2012 on the file of the Judicial Magistrate, Nanguneri, dated 05.10.2012.
23.02.2015 Index :No Internet:Yes vs To:
The Judicial Magistrate, Nanguneri.
M.SATHYANARAYANAN, J.
vs Crl.R.C.(MD).No.826 of 2013 23.02.2015