Madras High Court Rejects Former TN DGP Rajesh Das's Challenge To Trial Court Jurisdiction In Sexual Harassment Case

The Madras High Court on Wednesday dismissed a plea by suspended Special Director General of Police (DGP) Rajesh Das challenging the jurisdictional competence of the Chief Judicial Magistrate (CJM), Villupuram to adjudicate upon a sexual harassment case filed by a woman Indian Police Service (IPS) officer against Das in February this year.

It was contended by Das that the CJM, Villupuram did not have the territorial jurisdiction to hear the case since the alleged offence had taken place in the areas of Namakkal, Ulundurpet and Chengalpet. He had stated that the CB-CID should have filed the charge sheet before a judicial magistrate in Kallakurichi district or before a magistrate in Chengalpet district.

However, Justice P Velmurugan rejected such a contention and observed that there exists a valid communication i.e.ROC.2250/2009/G4 which authorises the Chief Judicial Magistrate to take cognisance of chargesheets filed by the CB-CID.

"Considering the facts and circumstances of the above said case, this Court does not find any perversity in the order passed by the Chief Judicial Magistrate, Villupuram. The petitioner at any point of time, in earlier occasion, has not challenged the power of CBCID to investigate the matter. As per the ROC.No.22250/2009/G4, the Chief Judicial Magistrate, Villlupuram has got jurisdiction to proceed with the case in C.C.No.231 of 2021 and the said ROC is not violating any statutory provisions. However, no prejudice would be caused to the petitioner", the Court ruled.

The Court further noted that Ulundhurpet and Kallakurichi fall under the 'judicial district' of Villupuram and that in the instant case the chargesheet was filed by the CBCID before the CJM, Villupuram.

Justice Velmurugan also pointed out that the jurisdiction of the CJM had not been challenged by Das in the special leave petition moved earlier before the Supreme Court to challenge the suo motu proceedings initiated by Justice Anand Venkatesh of the Madras High Court.

"The jurisdiction of the Chief Judicial Magistrate was not challenged before the Hon'ble Supreme Court in the said S.L.P. They were very well aware of the fact that the Chief Judicial Magistrate, Villupuram has got the jurisdiction. Therefore, they have not challenged the same and subsequently after the disposal of the S.L.P and in order to protract the case, the petitioner invoking section 322 Cr.P.C filed the petition before the Chief Judicial Magistrate, Villupuram, to refer the matter to the file of the concerned Magistrate Court which is having Territorial jurisdiction", the order read.

Accordingly, the Court dismissed the revision plea and upheld the trial court's decision to dismiss the former DGP's challenge to the territorial jurisdiction of the CJM, Villupuram.

Background 

The victim officer, belonging to the IPS cadre had filed a complaint before the Director General of Police, Chennai, alleging that she was sexually harassed by the Special DGP in his official car while they were on their way to Ulundurpet District in connection to a bandobast duty on February 21, 2021. She had also alleged that she somehow escaped from the scene and was driving her official car towards Chennai with the purpose of filing a complaint when she started getting phone calls from the Special DGP and many other police officers.

As she decided not to attend those calls, she was intercepted at Paranur toll gate by a large contingent of police headed by the Superintendent of Police, Chengalpet District. As per the complaint, a striking force vehicle was stationed right in front of her car and two named police officers in the rank of Inspector and Sub-Inspector of Police, respectively got down from the striking force vehicle, came near her car and took away the car keys.

Thereafter, the victim was pressurised and forced to talk with the Special DGP who is said to have requested her not to proceed further with the complaint. However, when the victim did not budge, she was allowed to leave, subsequent to which she submitted a complaint to the DGP, Chennai.

Subsequently, a FIR was also registered by CBCID against the Special DGP and Superintendent of Police, Chengalpet, for offences under Sections 354A(2), 341, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998.

Case Title: Rajesh Das v. State of Tamil Nadu

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