SR CORONA MARY Vs. SISTER VANASELVI

JUDGEMENT

(1.) THE Petitioners in the above Crl.O.P. are facing trial for the alleged offences under Section 500, I.P.C. in C.C. No.1009 of 2002 on the file of the XIV Metropolitan Magistrate, Egmore, Chennai. THE petitioners are seeking to quash all further proceedings in C.C.No.1009 of 2002.

(2.) THE facts, which are necessary for the disposal of the above Crl.O.P. are set out below:a. THE respondent while traveling by bus from Bangalore to Tirunelveli on 20.11.2001 was arrested on the allegation that she was carrying notices criticizing the desecration of tribal woman by police under the guise of nabbing sandalwood brigand Veerappan. THE respondent was arrested and the case was registered in Cr. No.1559 of 2001 for the alleged offences under Sections 120-B, 153-A, 124-A, I.P.C. THEreafter, she was remanded to judicial custody and by virtue of this Court order, she was enlarged on bail.b. It is alleged in the Complaint that while the respondent was in jail, the first accused served a notice of expulsion from the Service order through three sisters, which, according to the respondent is illegal, unlawful and against all canons of law as it contained slanderous matters which amounts to defamation. In the notice, it is further stated that the respondent was found in Saree and not in her religious dress, which according to the respondent, is false.c. In the communication prepared and dispatched by the first accused, the following matter is found:-TAMIL-which according to the respondent amounts to defamation.d. In the Complaint, it is further alleged that when she had been to Kalugumalai School in which, she is the Headmistress, the second accused is said to have uttered the following words:-TAMIL-which, according to the respondent, amounts to defamation. THE above Complaint was taken on file and process was issued to the accused and being aggrieved by the same, the above Crl.O.P. has been filed by the petitioners.

(3.) ACCORDING to the learned Senior counsel, when the respondent was arrested and remanded to judicial custody in connection with the Criminal case, the Petitioners as persons in authority, namely, the first petitioner having power to terminate the service of the Respondent can go into the allegations contained in the F.I.R. and Police Report and take disciplinary proceedings against the Respondent.