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2023 Supreme(Mad) 1441

ANITA SUMANTH
S. Salma – Appellant
Versus
State of Tamil Nadu Rep. by its Chief Secretary, Chennai – Respondent


Advocates appeared:
For the Petitioner:V. Shri Varshini, Abrar Md. Abdullah, Advocates. For the Respondents:P. Kumaresan, Additional Advocate General Assisted by Alagu Gowtham, Government Advocate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay a compensation of Rs.25,00,000/- to the petitioner and further direct the respondents 1 to 3 to take disciplinary action against the concerned officers in a timely manner.)

The petitioner is a journalist. She is aggrieved by her arrest by the 4th respondent, the Inspector of Police, B-15 Rathinapuri Police Station, on 25.09.2012 for offences under Section 75(1)(c) of the Tamil Nadu City Police Act, 1988, and Sections 506(1) and 505(1)(b) of the Indian Penal Code in Crime No.379 of 2012 based on the complaint of M.G.J.Ramkumar (in short “complainant”).

2. The complainant is a member of the All India Anna Dravida Munnetra Kazhagam (AIADMK). He had claimed to have received a pamphlet from the petitioner that contained defamatory observations about the then Chief Minister of Tamil Nadu. He alleged that the petitioner was distributing the same among the public, right outside the AIADMK Head office at Sivanandha Colony, Coimbatore.

3. The complainant further alleged that when he questioned her about the propriety of her actions, the petiti

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