1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2011 CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.6802 Of 2011 and M.P.(MD) No.1 of 2011 1.A.A.Mohamed Zubair 2.V.M.Jafarullah Khan 3.S.A.M.Abdul Ahad 4.A.E.AI.Ameen 5.A.S.Nasir Khan 6.K.M.Ajmal Khan 7.T.K.Naina Mohammed 8.P.S.Mohamed Sikkandar 9.J.Abubacker Siddique 10.K.S.H.Sirajudeen 11.M.K.Owrangasib ... Petitioners/Accused Vs K.M.Akbar Ali ... Respondent/Complainant This petition is preferred under Section 482 Cr.P.C to praying to call for the entire records pertaining to the proceedings in S.T.C.No.75 of 2011 on the file of the District Munsif Cum Judicial Magistrate Court, Ilyangudi and quash the same in so far as petitioners are concerned. For Petitioners : Mr.G.R.Swaminathan For Respondent : No Appearance ORDER This petition has been filed by the petitioners, who have been arrayed as accused in S.T.C.No.75 of 2011 for the alleged offence under Section 500 of the Indian Penal Code. 2. A complaint was given by the respondent to the Joint Secretary, University Grants Commission, Hyderabad, making some allegations against the petitioners as well as against the Principal of Dr.Zaheer Hussain College, Ilyangudi. An explanation was called for by the University Grants Commission from the college. The Principal of the college Major H.Nousath Ali, sent a reply to the explanation called for on 07.02.2010. Treating the explanation given by the Principal of the college as defamatory, the respondent herein made private complaint, by adding the petitioners as the proposed accused. The complaint was taken in S.T.C.No.75 of 2011 on the file of District Munsif Cum Judicial Magistrate Court, Ilyangudi. Challenging the same, this petition has ben filed. 3. Heard Mr.G.R.Swaminathan, learned counsel for the petitioner. This matter has been adjourned on last three https://hcservices.ecourts.gov.in/hcservices/ 2 occasions. In all the occasions, the learned counsel appearing for the petitioners was present, but none appeared for the respondent, even though the name of the learned counsel for the respondent has been printed in the cause list. Even today, there is no representation on behalf of the respondent. Hence, the matter was passed over to the afternoon. Unfortunately, even in the afternoon, there is no representation for the respondent. Therefore, this Court is constrained to pass orders on merits. 4. Admittedly, the respondent made a complaint to the Joint Secretary, University Grants Commission, Hyderabad, against the petitioners as well as the management of the college. In pursuant to the complaint made by the respondent, an explanation was sought for by the University Grants Commission. In due compliance to the explanation called for, a reply was given by the Principal of the college on 07.02.2010. There is no dispute that the reply was given by the Principal by way of an explanation. Therefore, the petitioners herein have not given any explanation to the University Grants Commission. When the petitioners have not given any explanation and the reply was given only by the Principal as the Principal of the institution, it cannot be stated that the petitioners have committed the offence under Section 500 of the Indian Penal Code. Therefore, making the petitioners as the accused in S.T.C.No.75 of 2001 cannot be sustained as admittedly, no statement has been made by them against the respondent, attracting the provisions of Section 500 of the Indian Penal Code. 5.Hence, this quash petition is allowed and the proceedings initiated against the petitioners in S.T.C.No.75 of 2011, pending on the file of the Court of District Munsif cum Judicial Magistrate, Ilyangudi is hereby quashed, in so far as the petitioners alone are concerned. Consequently, connected M.P.(MD) No.1 of 2011 is closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The District Munsif cum Judicial Magistrate, Ilyangudi +One cC to Mr.G.R.Swaminathan, Advocate, SR.No.23218 sj rl/3c – 27.7.2011 Criminal Original Petition (MD) No.6802 Of 2011 and M.P.(MD) No.1 of 2011 14.07.2011 https://hcservices.ecourts.gov.in/hcservices/