K P S SATHYAMOORTHY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The petitioner, alleging to be belonging to the Scheduled Caste being a member of the Hindu Pallan community and professing Hindu religious faith, has come forward to file the above criminal original petition praying to call for the records and quash the final report dated 14.11.2002 filed by the first respondent before the Court of Judicial Magistrate, Sivakasi in Crl.M.P.No.4936 of 2002 as illegal and improper and to issue necessary directions or orders for fresh investigation in respect of the complainant's complaint dated 28.10.2002 filed before the said Magistrate by any other competent investigating agency.

(2.) The petitioner would submit that on 26.10.2002 while he was going through the leading Tamil Daily magazines `Dina Thanthi' and `Dina Malar' circulated in his area, he read a press statement in the nature of a circular given by the 4th respondent/accused inviting all Hindu Religious communal associations to attend a meeting to be held at Madras in respect of giving clarification to the present enactment of the State of Tamil Nadu prohibiting compulsory religious conversion, which is an insult on all the members of the S.C. and S.T. communities within the public view and the entire statement is in the nature of creating enmity, hatred and ill-will between different religious classes, castes and communities.

(3.) The petitioner has also extracted the objectionable portion of the 4th respondent, which is extracted below: ** ,J tiuapy; fpw!;Jt kjj;jpy; cs;sth;fs; gog;g[ Kjy; vy;yh rYiffisa[k; mDgtpj;J tpl;L cj;jpnahfk; vd tUk; nghJ jhH;j;jgl;lth;fSf;F mjpfg;goahf cj;jpnahf tha;g;g[ bfhLf;fg;gLtjhy; jpUk;gt[k; ,e;Jthf khwp cj;j;pnahfj;jpw;F te;J bfhz;oUe;jdh;/ ,e;J rkaj;ijr; nrh;e;j midj;J tFg;gpdiua[k;. $hjp r';f';f';fisa[k; miHj;J kj khw;w jilr;rl;l tpsf;ff; Tl;lk; eilbgWk;/ ,f;Tl;lk; vd; jiyikapy; eilbgWk;/ ,jpy; midj;J $hjp r';f';fSk; Fwpg;ghf mk;ngj;fhh; tHpia gpd;gw;Wk; bghJkf;fs; mtrpak; fye;J bfhs;sntz;Lk;