Case against karnan full. Order msnj bench — tn bar council filed case for bar council senior advt s prabakaran argued for police state pp a natarajan argued

[11/24, 15:04] Sekarreporter 1: Crl.OP.No.18337 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.11.2020
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Crl.OP.No.18337 of 2020
Bar Council of Tamil Nadu and Puducherry
represented by its Secretary C.Rajakumar
High Court Buildings, NSC Bose Road
Chennai 600 104. .. Petitioner
Versus
1.The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai 600004.
2.The Commissioner of Police
No.132, Commissioner Office Building
EVK Sampath Road, Vepery
Chennai 600 007.
3.Assistant Commissioner of Police
Cyber Crime Cell,
Commissioner Office Complex
Vepery, Chennai 600 007. ..Respondents
1
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[11/24, 15:05] Sekarreporter 1: Crl.OP.No.18337 of 2020
Prayer:- Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure seeking for a direction to direct the
respondents to register a case against Mr.C.S.Karnan and
Dr.M.Dhanasekaran based on the complaint of the petitioner dated
06.11.2020.

For Petitioner : Mr.S.Prabhakaran
Senior Advocate assisted by
Mr.C.K.Chandrasekaran
For Respondents : Mr.A.Natarajan
Public Prosecutor for State
assisted by
Mr.S.Karthikeyan
Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
(1)This Criminal Original Petition is filed by the Bar Council of Tamil
Nadu and Puducherry, Chennai-104, which is a Statutory Body,
praying for appropriate direction for registration of a case against
Mr.C.S.Karnan – a former Judge of this Court and also against
Dr.M.Dhanasekaran, based on their complaint / representation dated
06.11.2020 sent to the 2nd respondent in ROC.No.1632 of 2020.
(2)This petition was listed before the Hon’ble Judge dealing with the said
roster and vide order dated 19.11.2020, the Hon’ble Judge has taken
2
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[11/24, 15:06] Sekarreporter 1: Crl.OP.No.18337 of 2020
(16)During the course of arguments, it is also pointed out to the learned
Public Prosecutor that the contents of 35 and odd videos uploaded
would defame, denigrate the concerned persons and it may constitute a
successive / different cause of action and it is the response of the
learned Public Prosecutor that necessary and suitable advise be given
to the Investigating Officer in this regard. Attention of the learned
Public Prosecutor was also invited to Chapter XIII Section 80 of the
Information Technology Act, 2000, which speaks about the power of
the police officer and other officials to enter and search etc., and it is
the response of the learned Public Prosecutor that steps would be taken
in that regard after appearance of both the accused before the
Investigating Officer on 26.11.2020.
(17)It is very pertinent to point out at this juncture that under Section 149
of Cr.P.C., it is the duty of the police to prevent cognizable offences
and therefore, it is not necessary on the part of the police to wait for
the commission of the offences and prevention is always better than
cure. The investigation of the case/s registered in this regard, shall be
monitored by the second respondent and be supervised by the first
respondent.
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[11/24, 15:08] Sekarreporter 1: Crl.OP.No.18337 of 2020
(18)C all on 30.11.2020 at 2.15 p.m. through Physical Hearing and on
that day, the 2
nd respondent, viz., the Commissioner of Police, No.132,
Commissioner Office Building, EVK Sampath Road, Vepery,
Chennai 600 007, shall file a counter affidavit with supporting
documents.
[MSNJ] [RHJ]
23.11.2020
AP
NOTE:-Communicate the above order to the respondents and also
upload the same in the website.
To
1.The Director General of Police
Dr.Radhakrishnan Salai
Mylapore, Chennai 600004.
2.The Commissioner of Police
No.132, Commissioner Office Building
EVK Sampath Road, Vepery
Chennai 600 007.
3.Assistant Commissioner of Police
Cyber Crime Cell,
Commissioner Office Complex
Vepery, Chennai 600 007.
4.The Public Prosecutor
High Court, Madras.
14 http://www.judis.nic.in

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