S GREESH KUMAR Vs. SUSMITA SEN

JUDGEMENT

(1.) The Criminal Revision is filed against the order passed by the learned Judicial Magistrate No.5, Madurai in Crl.M.P.335 of 2007, dated 12.02.2007 dismissing the a private complaint filed against the respondent.

(2.) The petitioner, a practicing Advocate filed a complaint before the learned Judicial Magistrate No.5, Madurai, in C.M.P.No.335 of 2007, against Ms.Susmitha Sen, a Cine Actress, for the alleged offences under Sections 292, 292(a) 293, 294 and 509 I.P.C. r/w Section 3(4)(6) of Indecent Representation of Women Act, and Sections 2 & 3 of the Young Persons (Harmful Publication) Act, 1956 and also Sections 499 and 500 of I.P.C. The learned Magistrate, took the complaint on file and the sworn in statement of the complainant was recorded. The learned Magistrate analyzed whether the prima facie case was made against the accused and found the Penal Provisions are not attracted and therefore, had dismissed the complaint. Aggrieved by which, the present revision is filed on various grounds.

(3.) Mr.W.Peter Ramesh Kumar, the learned counsel for the revision petitioner vehemently contended that the respondent has categorically stated that in her opinion no male or female in India are having chastity and virginity. The learned counsel pointed out that the interview of the respondent was telecast in the prominent English News channels on 06.10.2006 and was published in the local News Paper (Daily Thandhi) on 7.10.1007. The learned counsel pointed out that a private complaint was filed during the month of November, 2007. The learned counsel pointed out that the published news item was placed before the learned Judicial Magistrate, which is offensive and the Magistrate has not considered the same and has chosen to dismiss the application for want of material evidence.