3.Mrs.Sasikala, W/o.Natrajan, No.17. 9, Habibullah Road, T.Nagar, Chennai- 600 017. …Respondents. COMPLAINT FILED U/s. 156(3) OF Cr.P.C. FOR THE OFFENCE U/s. 34, 419, 420 AND 505 (b) OF IPC by former minister jayakumar. BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI Crl.M.P.NO. OF 2022 Mr. D. JAYAKUMAR, M/A- 65 Yrs, S/o. Durairaj, Party Organizational Secretary,

BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI
Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,
No. 226, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 014. …Complainant.

V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.
2. The Inspector of Police,
R-1 Mambalam Police Station,
Chennai.

3.Mrs.Sasikala,
W/o.Natrajan,
No.179, Habibullah Road,
T.Nagar, Chennai- 600 017. …Respondents.

COMPLAINT FILED U/s. 156(3) OF Cr.P.C. FOR THE OFFENCE U/s. 34, 419, 420 AND 505 (b) OF IPC

The complainant herein most respectfully submits that as follows; –
1. The Complainant is Mr. D.Jayakumar, S/o. Durairaj, Hindu, Male aged about 65 Years, Former Minister, Party Organizational Secretary and District Secretary of North Chennai, All India Anna Dravida Munnetra Kazhagam, Having Office at No. 226, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014.
The address for services of all notices and processes on the Complainant is that of his counsel M/s M. MOHAMED RIYAZ, E.BALAMURUGAN K.MADHAN, M.THAMIZHARASAN, P.MANOJ KUMAR, V.GAYATHRI & P.VASANTHA KUMAR having office at No. 10/70, Karpagam Avenue, 2nd Street, Raja Annamalai Puram, Chennai – 600 028.
2. The 1st respondent is The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai, Vepery, Chennai – 600 007, the 2nd respondent is the Inspector of Police, R-1, Mambalam Police Station, Chennai. The address for services of all notices and processes on the respondents is that of same referred at supra.
3. The complainant humbly submits that he files this petition to direct the 2nd respondent to register the First Information Report on the basis of the complaint dated 20.10.2021 vide C.S.R. no.447/2021 issued on 20.10.2021 and act in accordance with law and file a final report within a time prescribed by this Hon’ble Court.
4. The complainant humbly submits that he is the organizational secretary of All India Anna Dravida Munnetra Kazhagam Party (hereinafter referred to as AIADMK) which has headquarters at No. 226, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014.
5. The complainant humbly submits that after the demise of our party General Secretary Dr. J. Jayalalithaa, in a proceedings before the Election Commission of India which is the competent statutory body to adjudicate it, after having heard all the stakeholders including Mrs. V.K. Sasikala, wife of Late M. Natarajan, who is residing at No 179, Habibullah Road, Thyagaraya Nagar, Chennai – 600 017 and on perusal of all the relied upon materials in this regard, declared that the group headed by Mr. O.Paneerselvam (Coordinator) and Mr. Edappadi K. Palaniswami (Joint Coordinator) as the real AIADMK party and they are entitled to use the reserved symbol of ‘two leaves’. The contentions and claims of the said Mrs. V.K. Sasikala were rejected by the Election Commission of India.
6. The complainant further humbly submit that not being satisfied with the findings of the Election Commission and being aggrieved by the same, the said Mrs. V.K.Sasikala had approached the Hon’ble Delhi High Court by way of a Writ Petition in W.P.(C)No. 10728/2017 and the Hon’ble Delhi High Court was pleased to dismiss the same on 28.02.2019, upholding the verdict rendered by the Election Commission of India, against which, the said Mrs. V.K. Sasikala preferred a Civil Appeal before the Hon’ble Supreme Court, the same was also dismissed and the Review Petition filed against the dismissal was also dismissed by the Hon’ble Supreme Court.
7. The complainant humbly submits that having lost all her claims over the party before various forums including the Hon’ble Supreme Court, now, the said Mrs. V.K. Sasikala has intentionally and wilfully taken the law into her own hands by dishonestly claiming to be the General Secretary of AIADMK party with an intention to create chaos, confusion and disharmony which is likely to result in breach of public peace. It is pertinent to state that the statement given by the said Mrs. V.K. Sasikala is being published in the Newspapers and TV channels such as Namathu MGR and Jaya TV. The said Mrs. V.K. Sasikala is claiming and portraying herself as the General Secretary of AIADMK in front of the public. Despite the fact that she has nothing to do with AIADMK party, she is claiming and masquerading as the General Secretary of AIADMK and going to place by place with her henchmen and trying to disturb the peaceful functioning of the party and thus creates chaos, confusion and ill-will amongst the members of AIADMK party which is likely to result in law and order problem and breach of public peace at large. Her conduct of knowing fully well that she is neither an office bearer nor a member of AIADMK party but personating herself as the General Secretary of AIADMK party and thereby indulging in various activities to disrupt the party and also to dishonestly induce some of the members to believe that she is the General Secretary of AIADMK, which is crystal clear that the said Mrs. V.K. Sasikala has committed the offence punishable under Section 419 of IPC and the persons who aided her to commit the offence with common intention are liable to be tried for the offences punishable under sections 419 r/w 34 of IPC.
8. The complainant further humbly submit that the said Mrs. V.K. Sasikala who was convicted and sentenced to four years imprisonment and lodged in prison after her conviction by the Supreme Court, upon being released from prison had started impersonating as the Member and Leader of the AIADMK. The said Mrs. V.K. Sasikala who, after the decision of Election Commission of India, is not even a member of AIADMK has started using the flag of the party without any authority only to create confusion in the minds of the public. With regard to the same, AIADMK had lodged a complaint with the Director General of Police even at that point of time. Such deception is being adopted with an intention to deceive the general public and cheat the people to an imagery as if she is part of AIADMK, when in law and on facts she has no link whatsoever with the party. It is pertinent to point out that she is in the habit of indulging in activities prejudicial to the direction of Law. In fact, various criminal cases are pending against her. Furthermore, when she was in prison, she indulged the offence of Bribing to the Jail Officials for which a case has been registered under Prevention of Corruption Act against her and it has been pending in the State of Karnataka. The above stated her past conduct clearly reveals that she is a Chronic Law breaker.
9. The further contention of the complaint is that On17.10.2021 at around 10.00 a.m., the said Mrs. V.K. Sasikala along with her henchmen went to the Late. Puratchi Thalaivar Dr. M.G.Ramachandran’s office situated at Arcot Road, T.Nagar, Chennai and claimed herself as the General Secretary of AIADMK. In the said premises, she also unveiled a commemorative plaque in which she is referred to as ‘General Secretary’ of AIADMK party. This function which happened in a private premise was published in all media outlets and was broadcasted in several channels. Knowing fully well that the said conduct on her part is dishonest and to effect impersonation of an office to which she has no legal claim, she has acted and made a statement with intent to induce the public at large to commit an offence against the public tranquillity. The said acts have been committed deliberately, intentionally, wilfully and knowing fully well about their consequences and thereby committed an offence punishable under section 420 of IPC.
10. The complainant most humbly submits that the said conduct on the part of Mrs. V.K. Sasikala and her henchmen amounts to offences punishable by Sections 34, 419, 420 and 505 (b) of Indian Penal Code. Therefore, this complainant being the Organizational Secretary of All India Anna Dravida Munnetra Kazhagam Party, lodged a complaint on 20.10.2021 with the 2nd respondent and in pursuance of the complaint, C.S.R No: 447/2021 was issued by the 2nd respondent. Though the commission of cognizable offence is made out in the complaint dated 20.10.2021, the 2nd respondent failed to take action by registering FIR. In pursuance of which, the complainant has given a complaint in person before the 1st Respondent and eventually the complainant has sent the said complaint by post to the 1st respondent on 18.12.2021 to take appropriate penal action on the complaint dated 20.10.2021 for the compliance of the Provision under section 154(3) of Cr.P.C., however, there is no proper action taken in this regard.
11. The respondents have failed to act upon in accordance with law. The averments in the complaint constitute certain cognizable offences. But, the respondents did not take any action till now. In the said circumstances, having left with no other alternative, the complainant herein is approaching this Hon’ble Court to direct the 2nd respondent to register the above complaint and take suitable action on the basis of the complaint, or otherwise, the complainant will be put to further loss and hardships.
12. The complainant further humbly submits that this is the first application moved before this Hon’ble court and no other application is filed or pending before this Hon’ble Court or any other court. If this Hon’ble court is not inclined to allow this petition, he would be put to an irreparable loss and great hardships.
13. The complainant further humbly submits that the case has been filed within the period of limitation and on proper stamps.
14. The complainant craves leave of this Hon’ble Court to raise additional grounds at the time of arguments.
It is therefore humbly prayed that this Hon’ble Court may be pleased to direct the 2nd respondent to register the First Information Report on the basis of the complaint given by the complainant dated 20.10.2021 vide C.S.R. no.447/2021 dated 20.10.2021 lodged against the accused herein and her henchmen for the punishable offences u/s. 34, 419, 420 & 505 (b) OF IPC, which was committed by the accused and her henchmen and investigate the same in accordance with law and file a final report before this Hon’ble Court within a period as may be stipulated by this Hon’ble Court and pass such further or other orders and thus render justice.

Dated at Chennai on this the day of January, 2022.

COUNSEL FOR COMPLAINANT. COMPLAINANT.

BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI
Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,
No. 226, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 014. …Complainant.

V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.

2. The Inspector of Police,
R-1 Mambalam Police Station,
Chennai.

3.Mrs.Sasikala,
W/o.Natrajan,
No.179, Habibullah Road,
T.Nagar, Chennai- 600 017. …Respondents.
AFFIDAVIT OF THE PETITIONER
I, D.Jayakumar, S/o. Durairaj, Hindu, Male aged about 65 Years, Former Minister, Party Organizational Secretary and District Secretary of North Chennai, All India Anna Dravida Munnetra Kazhagam, Having Office at No. 226, Avvai Shanmugam Salai, Royapettah, Chennai – 600 014, do hereby solemnly affirm and sincerely state as follows :-
I humbly submit that I am the complaint herein and as such I am well acquainted with the facts and circumstances of the case and I am competent to swear this affidavit.
I humbly submit that the accompanying complaint U/s. 156(3) of Cr.P.C. for the offences U/s. 34, 419, 420 AND 505 (b) OF IPC has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and I further submit that I have filed 3 documents along with the complaint in support of my case. I have stated the facts of the complaint in detail in paragraphs no. 1 to 14 of the complaint. The complaint may be read as part and parcel of this affidavit.
I further humbly submit that in the complaint, the averments contained in Para 1 to 14 are true and correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION
Verified at Chennai on this the day of January, 2022, that the contents of my above affidavit are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI
Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,
No. 226, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 014. …Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.
2. The Inspector of Police,
R-1 Mambalam Police Station,
Chennai.

3.Mrs.Sasikala,
W/o.Natrajan,
No.179, Habibullah Road,
T.Nagar, Chennai- 600 017. …Respondents.
LIST OF DOCUMENTS
S.NO. DATE DESCRIPTION OF DOCUMENTS Nature
1 23.11.2017 Copy of Election Commission’s Order
2 28.02.2019 Order Passed by the Hon’ble Delhi High Court in W.P.(C).No.10725 of 2017
2 20.10.2021 Copy of the complaint lodged before the 2nd respondent
3 20.10.2021 Copy of the CSR issued by the 2nd respondent
4 18.12.2021 Copy of the complaint lodged before the 1st respondent with postal receipts
5 Photographs

It is certified that the above copies taken from their respective originals.
Dated at Chennai on this the day of January, 2022.

COUNSEL FOR COMPLAINANT
BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI
Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,
No. 226, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 014. …Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007.

2. The Inspector of Police,
R-1 Mambalam Police Station,
Chennai.

3.Mrs.Sasikala,
W/o.Natrajan,
No.179, Habibullah Road,
T.Nagar, Chennai- 600 017. …Respondents.

LIST OF WITNESSES

S.NO. LISTED WITNESS NAME AND ADDRESS
1. LW-1 Mr. D. JAYAKUMAR, M/A- Yrs,
S/o.
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,
No. 226, Avvai Shanmugam Salai,
Royapettah, Chennai – 600 014. Complainant
Any other witnesses with the permission of this Hon’ble Court.
Dated at Chennai on this the day of January, 2022.

COUNSEL FOR THE COMPLAINANT.
BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,

…Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
and 2 others.

…Respondents.

COMPLAINT FILED U/s. 156(3) OF Cr.P.C FOR THE OFFENCE U/s. 34, 419, 420 AND 505 (b) OF IPC

M/S M. MOHAMED RIYAZ (1492/2002),
E.BALAMURUGAN (697/2002)
K.MADHAN (2105/2001)
M.THAMIZHARASAN (3701/10)
P.MANOJ KUMAR (2934/2017),
V.GAYATHRI(2449/2017)
P.VASANTHA KUMAR (1160/2018)
COUNSEL FOR COMPLAINANT
CELL:9840206863
E.MAIL:balaadvocate2012@gmail.com
BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022
Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,

…Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
and 2 others.

…Respondents.

AFFIDAVIT OP THE COMPLAINANT

M/S M. MOHAMED RIYAZ (1492/2002),
E.BALAMURUGAN (697/2002)
K.MADHAN (2105/2001)
M.THAMIZHARASAN (3701/10)
P.MANOJ KUMAR (2934/2017),
V.GAYATHRI(2449/2017)
P.VASANTHA KUMAR (1160/2018)
COUNSEL FOR COMPLAINANT
CELL:9840206863
E.MAIL:balaadvocate2012@gmail.com

BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022

Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,

…Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
and 2 others.

…Respondents.

.

LIST OF DOCUMENTS

M/S M. MOHAMED RIYAZ (1492/2002),
E.BALAMURUGAN (697/2002)
K.MADHAN (2105/2001)
M.THAMIZHARASAN (3701/10)
P.MANOJ KUMAR (2934/2017),
V.GAYATHRI(2449/2017)
P.VASANTHA KUMAR (1160/2018)
COUNSEL FOR COMPLAINANT
CELL:9840206863
E.MAIL:balaadvocate2012@gmail.com
BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022

Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,

…Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
and 2 others.

…Respondents.

LIST OF WITNESSES

M/S M. MOHAMED RIYAZ (1492/2002),
E.BALAMURUGAN (697/2002)
K.MADHAN (2105/2001)
M.THAMIZHARASAN (3701/10)
P.MANOJ KUMAR (2934/2017),
V.GAYATHRI(2449/2017)
P.VASANTHA KUMAR (1160/2018)
COUNSEL FOR COMPLAINANT
CELL:9840206863
E.MAIL:balaadvocate2012@gmail.com

BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022

Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam, …Complainant.
V/s.
1. The Commissioner of Police,
Office of the Commissioner of Police,
Greater Chennai, Vepery,
Chennai – 600 007 and 2 others …Respondents.

VAKALAT

I, D. JAYAKUMAR, S/o. Durairaj, in the above Petition/Appeal do hereby appoint and retain M/s. M. MOHAMED RIYAZ, E.BALAMURUGAN, K.MADHAN, M.THAMIZHARASAN, P.MANOJ KUMAR, V.GAYATHRI & P.VASANTHA KUMAR Advocates of the High Court to appear me/us in the above Appeal/petition and to conduct and prosecute (or defend) the same and all proceedings that may be taken in respect of any applications connected with same or any decree or order passed therein including all applications for return of documents or the receipt to any moneys that may be payable to me/us in the said Appeal/petitioner and also in appeal Under Section 15 of the Letters Patent and application for leave to the Supreme Court of India and in all applications for review Judgment.
I Certify that the contents of this Vakalat at
Were read our and explained
in my presence to the executant who appeared
perfectly to understand the same and made
his signature in my Presence.

Executed before me this day of January, 2022.

ACCEPTED: Counsel for Complainant.

The address for service of the said counsel is :
10/70, 2nd Street Karpagam Avenue, Raja Annamalaipuram, Chennai28
BEFORE THE HON’BLE XVII METROPOLITAN MAGISTRATE COURT, SAIDAPET AT CHENNAI

Crl.M.P.NO. OF 2022

Mr. D. JAYAKUMAR, M/A- 65 Yrs,
S/o. Durairaj,
Party Organizational Secretary,
All India Anna Dravida Munnetra Kazhagam,

…Complainant.
V/s.

1. The Commissioner of Police,
Office of the Commissioner of Police,
and 2 others.
…Respondents.

VAKALAT

M/S M. MOHAMED RIYAZ (1492/2002),
E.BALAMURUGAN (697/2002)
K.MADHAN (2105/2001)
M.THAMIZHARASAN (3701/10)
P.MANOJ KUMAR (2934/2017),
V.GAYATHRI(2449/2017)
P.VASANTHA KUMAR (1160/2018)
COUNSEL FOR COMPLAINANT
CELL:9840206863
E.MAIL:balaadvocate2012@gmail.com

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