Madras High Court: Follow procedure in filing complaint against concerned
Chennai: Declining to entertain a petition, which sought a direction to the DGP to register a complaint against the Superintendent of Police, Coimbatore and the Additional Chief Secretary for allegedly revealing the name of the victim in Pollachi sexual scandal, the Madras high court has granted liberty to an advocate to approach the Magistrate court concerned for appropriate relief.Justice G.K.Illanthiraiyan while passing orders on a petition filed by advocate
A.P.Suryaprakasam, asked him to follow the usual procedure and gave liberty to him to approach the high court, if he is so aggrieved with the order likely to be passed by the Magistrate concerned.
When the petition came up for hearing on Monday, M.Purushothaman, counsel for the petitioner submitted that the right to privacy of the girl is affected in this case. The complaint of advocate Suryaprakasam relate to the Pollachi sex scandal, where the name of the victim girl was revealed. Pandiya Rajan, the Superintendent of police, in a press interview, revealed the name of the victim girl. Similarly, the Additional Chief Secretary Niranjan Mardi in the government order dated March 13 clearly revealed the name of the victim girl and also the name of the college, which was against the order of the Supreme Court, he added.
Vehemently opposing the plea, State Public Prosecutor A.Natarajan submitted that the petition was not maintainable. The petitioner has to follow the procedure laid down in a judgment passed by a division bench of this court. The petitioner has to approach the police first with a complaint, thereafter he has to approach the Magistrate concerned by preferring a complaint under section 156 (3) of Cr.P.C. Without following these procedures, the petitioner has approached this court straightaway. Therefore, the petition was not maintainable. Moreover, an FIR was registered against the persons who involved in the scandal. Disciplinary proceeding has been initiated against the officer, who revealed the name of the victim. Already the state government has referred the investigation to the CBI, which is still pending, Natarajan added.
Concurring with his submission, the judge asked the petitioner to follow the procedure.
