M.Sridhar, 25 Yrs, v. State Of Tamilnaldu Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13-03-2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM And MP Nos.1 to 4 of 2013 1.M.Sridhar 2.S.Ashwinraj ..
Petitioners vs.
1.The State of Tamil Nadu Represented by its Secretary to Government, Home Department, Fort St. George, Chennai-600 009.
2.The Director General of Police, State of Tamil Nadu, Office of The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
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3.The Commissioner of Police, Office of the Commissioner of Police, Near Collectorate Office Bus Stand, Hosur Road, Coimbatore Central, Coimbatore-641 018.
4.The Inspector of Police, B-5, Singanallur Police Station, Coimbatore.
5.Mr.Kumaresan 6.Mr.Murthy 7.M/s.Mahindra and Mahindra, Financial Service Ltd., Sadhana House, Ground Floor 570, PB Marg, Worli, Mumbai-400 018.
..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records comprised in the proceedings of the fourth respondent in STC Case No.1243 of 2012 dated 05.11.2012 and quash the same, consequently directing the second respondent to prosecute the fourth respondent for the dehumanizing aspect of various crimes committed by him against the 2/6
second petitioner at his Police Station right from 01.11.2012 to 05.11.2012 and to return the first petitioner's New 'TATA INDICA-EV 2 LX BS IV' Tourist Motor Car bearing Registration No.TN-20-CY-5798. For Petitioners : Mr.B.K.Singh For Respondents-1 to 4 : Mr.T.Arunkumar, Additional Government Pleader.
For Respondent-5 : No Appearance For Respondent-6 : Not Ready in Notice For Respondent-7 : Mr.Ashok Pathy for M/s.Pass Associates.
O R D E R
The writ on hand has been filed to call for the records comprised in proceedings of the fourth respondent in STC Case No.1243 of 2012 dated 05.11.2012 to quash the same and direct the respondents to prosecute the fourth respondent for the dehumanizing aspect of various 3/6
crimes committed by him against the second respondent at his Police Station.
2. The writ petition is pending for the past about 10 years. The relief sought for in the present writ petition is to quash the criminal proceedings initiated against the writ petitioners. If at all a false case been foisted against the writ petitioners, they have to approach the Competent Court for the purpose of redressal of their grievances or to quash the criminal proceedings.
3. Contrarily, the present writ petition need not be entertained for the purpose of quashing the criminal proceedings. When the procedures are contemplated and remedy has been provided to undergo all criminal proceedings. Thus the petitioners are at liberty to approach the Competent Court of Law for the purpose of redressal of their grievances, if any exists as of now.
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4. The learned Additional Government Pleader, appearing on behalf of the respondents 1 to 4, states that the criminal case was registered based on certain facts and circumstances. All those facts are to be adjudicated before the appropriate Forum.
5. Accordingly, the present writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
13-03-2023 Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
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S.M.SUBRAMANIAM, J.
Svn To 1.The Secretary to Government, State of Tamil Nadu, Home Department, Fort St. George, Chennai-600 009.
2.The Director General of Police, State of Tamil Nadu, Office of The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
3.The Commissioner of Police, Office of the Commissioner of Police, Near Collectorate Office Bus Stand, Hosur Road, Coimbatore Central, Coimbatore-641 018.
4.The Inspector of Police, B-5, Singanallur Police Station, Coimbatore.
WP 24203 of 2013 13-03-2023 6/6