SISTER FLORA Vs. S BABIOLO VIANCY

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the case in H.R.C.No.1 of 2010, pending on the file of the learned Principal Sessions Judge, Dindigul.

(2.) The first petitioner is the Correspondent of a Private School and the second petitioner was working as the helper maid in the said school. They filed this petition under Section 482 of Cr.P.C., challenging the private complaint lodged by a respondent/complainant, who is the parent of a student of their school. The complaint was filed under Section 200 Cr.P.C. and section 30 of the Protection of Human Rights Act, (Act 10 of 1994) alleging that the petitioners ordered the son of the respondent, who is studying in their school at fifth standard to clean the toilet, which is the violation under Section 12(C) and 12 (D) of the Protection of Human Rights Act, 1993, and threatened him not to disclose the said incident to anybody. Aggrieved by the same, the respondent preferred a complaint before the learned Judicial Magistrate under Section 30 of the Protection of Human Rights Act, (Act 10 of 1994) read with Section 200 Cr.P.C., against which the Criminal Original Petition has been filed.

(3.) Mr.N.Ananthapadmanaban, learned counsel appearing for the petitioners would submit that the complaint is not maintainable since the complaint was filed under Section 30 of the Protection of Human Rights Act, (Act 10 of 1994), read with Section 200 Cr.P.C. and no penal provision attracts in the said complaint, and if there is any human rights violation, as per the section amounting the violation can be lodged before the Human Rights Commission either by the victim or by any one on behalf of the victim. Chapter-III of the Protection of Human Rights Act, 1993, deals with the power of Human Rights Commission and Chapter-IV deals with the enquiry procedure of the State Human Rights Commission. However, the petitioner choose the wrong forum for lodging the private complaint before the Judicial Magistrate under Section 200 Cr.P.C., for the offences punishable under Section 12(C) and 12(D) of the Protection of Human Rights Act, 1993, and the same was taken on file as P.R.C.No.14 of 2008 and after committal proceedings, the case was taken on file in H.R.C.No.1 of 2010, on the file of the learned Principal Sessions Judge, Dindigul, instead of referring the case before the Human Rights Commission. Hence, the complaint itself is bad in law.