The Madurai Bench of the Madras High Court on Wednesday quashed an FIR registered against an advocate from Kamuthi in Ramanathapuram district. He was booked for allegedly passing certain remarks against the Kamuthi Bar Association.
The court was hearing a petition filed by S. Ramanathan, who sought the quashing of the FIR registered against him based on a complaint lodged by the then President of Kamuthi Bar Association, N. Muniyasamy.
Mr. Ramanathan had sent a voice note on WhatsApp to another advocate, Muthu Irulappan, after it was brought to light that Mr. Muniyasamy in May last had sexually assaulted a woman court staff. He had condemned the Kamuthi Bar Association.
Irked by the remarks, Mr. Muniyasamy lodged a complaint. The police registered the FIR against Mr. Ramanathan under Section 294 (b) of the IPC (sings, recites or utters any obscene song, ballad or words in or near any public place).
Justice G.R. Swaminathan took note of the fact that the petitioner had sent a voice note to his friend who, in turn, forwarded it to the WhatsApp group of the Bar Association. He had only sent a private message, the judge said.
The court observed that the offence under Section 294 (b) of the IPC was not made out and quashed the FIR against the advocate. However, the advocate was directed to submit a written apology to members of the Bar Association.
The court, in an earlier petition filed by Mr. Ramanathan, had directed the Bar Council of Tamil Nadu and Puducherry to take action against Mr. Muniyasamy for sexually assaulting the court staff. Based on the direction, he was prohibited from practising as an advocate pending disciplinary proceedings.
