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Madras High CourtWP/299/2011dismissed

G. Arulnathan v. The Director General Of

2023-04-13Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W .P.Nos. 299 & 28698 of 2011 W.P.No.299 of 2011 :- G.Arulnathan

...Petitioner

-Vs1. The Director General of Police, Beach Road, Mylapore,

2. Mayilvahanan, IPS., Deputy Commissioner of Police, Triplicane Range,

3. John Nicholson, IPS, Superintendent of Police, Salem Rural, Salem.

4. Sivanandam Deputy Superintendent of Police,

5. Natarajan, Inspector of Police,

6. ArockiaRaj, Inspector of Police, Mecheri Police Station,

7. Arthanareeswaran, SSI of Police, ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to perform her duty by analysing each of the 17 grave allegations against the respondents 2 to 7 and initiate appropriate disciplinary & criminal action against each of them, for sabotage of investigation into the suspicious death of the petitioner's brother Ramesh and that too by repeated fabrication & manipulation of official records. For Petitioner : No appearance For Respondents For R1 to R6 : Mr.S.Rajakumar Additional Public Prosecutor W.P.No.28698 of 2011 :- G.Arulnathan

...Petitioner

-VsCBCID (Crime Branch - CID) Rep by its Additional Director General of Police, Guindy, Chennai.

... Respondent

Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus for a Court-monitored probe into the death of the petitioner's brother Ramesh by constituting an SIT (Special Investigation Team) or to direct the case to be transferred to the CBI.

For Petitioner : No appearance For Respondent : Mr.S.Rajakumar Additional Public Prosecutor COMMON ORDER These Writ Petitions have been filed to monitor the investigation on the death of the petitioner's brother viz., Ramesh by constituting Special Investigation Team or to transfer the case to the CBI. 2.

It is seen from the records revealed that already this Court by an order dated 13.12.2010 in W.P.No.11050 of 2010 order for de novo investigation, after transferring the investigation in Crime No.109 of 2010 from the file of the Inspector of Police, Karumalaikoodal Police Station, to the file of the CBCID. Futher the Additional Director General of Police, CBCID, was directed to nominate an officer not below the rank of Inspector of Police to conduct further investigation and also to file final report. Therefore, this Court finds no such direction is required to constitute Special Investigation Team to investigate the same.

3.

Accordingly, the prayer sought for in these writ petitions itself is devoid of merits and accordingly, the Writ Petitions in W.P.Nos.299 & 28698 of 2011 are dismissed. There shall be no order as to costs.

13.04.2023 (2/2) Internet: Yes Index : Yes/No Speaking/Non Speaking order rts To

1. The Director General of Police, Beach Road, Mylapore,

2. The Additional Director General of Police, CBCID (Crime Branch - CID) Guindy, Chennai.

3. The Deputy Commissioner of Police, Triplicane Range,

4. The Superintendent of Police, Salem Rural, Salem.

5. The Deputy Superintendent of Police,

6. The Inspector of Police,

7. The Inspector of Police, Mecheri Police Station,

8. The SSI of Police,

9. The Public prosecutor, Madras High Court,

G.K.ILANTHIRAIYAN. J, rts W.P.Nos. 299 & 28698 of 2011 13.04.2023 (2/2)