A.Ravichandran v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P. No.1881 of 2022 A.Ravichandran ... Petitioner versus 1 The Superintendent of Police Dharmapuri District Dharmapuri.

2 The Deputy Superintendent of Police, District Crime Branch Dharmapuri.

3 The Tahsildar Pappaireddipatti Taluk office Pappaireddipatti, Dharmapuri.

4 V. Nepoleon ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the entire records pertaining to the charge memo issued by the 1st respondent in file Ta.Pa.No.H-2/75/2021 dated 13.12.2021 quash the same consequently direct the respondents to drop the further proceedings against the petitioner in file Ta.Pa.No.H2/75/2021 dated 13.12.2021. For Petitioner :

Mr.C.Umashankar For Respondents :

Mr.L.S.M.Hasan Fizal, Additional Government Pleader

O R D E R

The petitioner is working as a Special Sub-Inspector of Police and he is before this Court in this writ petition challenging the charge memorandum dated 13.12.2021 issued against him, alleging certain acts of misconduct on his part.

2. In the affidavit filed in support of the writ petition, plethora of facts have been stated demonstrating the backdrop in

which the allegations were laid in the charge memorandum. It was also stated in the affidavit that an FIR was registered against the petitioner and the petitioner appeared to have also approached this Court in Crl.O.P.No.9174 of 2021 and obtained anticipatory bail on 25.06.2021. According to the petitioner, he has also approached this Court by way of writ petition in W.P.No.2029 of 2021 and sought a direction to the police authorities not to interfere with the civil dispute between him and his estranged family members. On 02.02.2021, this Court has also passed a direction stating that the matter being a property dispute between the parties, the same cannot be inquired by the police and directed the police not to harass the petitioner in the name of inquiry and the parties shall be relegated before the appropriate civil court.

3. According to the petitioner, the charge memorandum was issued at the instigation of the fourth respondent, who has a personal enmity with him due to family issues and therefore, the charges were baseless and liable to be interfered with. As a matter of fact, this Court finds that the entire charge memorandum has been put to challenge only on the basis of the myriad facts presented in the affidavit in relation to the property dispute among the family members.

4. This Court is unable to see any worthy legal ground calling for its intervention at this stage by interfering with the charge memorandum. None of the grounds raised in the writ petition could even be remotely said to be valid enough for this Court to interfere in this writ petition. The challenge as such is completely bereft of any merit and substance and therefore, the same is liable to be rejected.

5. For the aforesaid reasons, the writ petition is not maintainable and therefore, the same is dismissed at the admission stage. Consequently, W.M.P.No.2034 of 2022 is also dismissed. There will be no order as to costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tar To 1 The Superintendent of Police Dharmapuri District Dharmapuri.

2 The Deputy Superintendent of Police, District Crime Branch Dharmapuri.

3 The Tahsildar Pappaireddipatti Taluk office Pappaireddipatti, Dharmapuri.

+1cc to Mr.M.Selvam, Advocate, S.R.No.7283 +1cc to the Government Pleader, S.R.No.7675 W.P. No.1881 of 2022 GSM(CO) SU(18/02/2022)